JOAQUIM v. ONE 17 FOOT FIBERGLASS OUTBOARD


1991 Mass. App. Div. 129 (1991)

Arthur Thomas Joaquim vs. One 17 Foot Fiberglass Outboard Powered Boston Whaler

Massachusetts Appellate Division, Southern District.

September 3, 1991.


Attorney(s) appearing for the Case

David C. Hoover for the plaintiff.

Frederick J. McLaughlin for the defendant.

Present: Dolan, P.J., Kane & Martin, JJ.


Martin, J.

This is an appeal from a forfeiture action. The forfeiture action was brought pursuant to G.L.c. 257, § 7, which provides:

If the libellant maintains his action, the court shall decree a forfeiture and sale of the distribution of the proceeds, or other appropriate disposition thereof. If he fails to maintain it, the court shall decree a restitution of the property to the claimant.

The libellant-appellee Joaquim ("Appellee") maintained...

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