1982-10-28 — ASSESSORS' DEPARTMENT
Location 1 MCKINLEY RWr D Block Lot No
_ ff Cert. No. Doc. No.
Dated _ 8�a Book Z 99/ Page S�y
Recorded
DtlD
Consideration $ �'S/0CV R.S.$ �y �. �o
Buildings mentioned GR/�ANT/OR /� 1
Descriprion: � 7
/ n 1da.,j�/ �
x
GRANTEE
Plan of by�/�{r 9sa � Reference to stir. IR
B.
� 7 ' 9 Same Part of Premises,
Pl. No. ,yo 3 PI. Cert. No. From 3 J-D&"/ L
Rec. B. P. .7 .T% ToLots
!�
`J Date
w .�
N�
183 § 42 TITLE TO REAL PROPERTY
Historical Note
St.1894,c.253,§§1,5. R.L.1902,c. 127,§§18,
St.1895, c. 460. 21, 23.
Law Review commentaries
Uniform Acknowledgments Act. (1944)
29 Mass.L.Q. No. 1, p. 24.
Library References.
Acknowledgment «il. C.J.S.Acknowledgments§32.
;c
Notes of Decisions
to take acknowledgments of deeds, and
I. In general
slid not rewire that certificate of au-
Under § 30 of this chapter providing au-
thority be attached to deed acknowl-
edged in another state before notary
that acknowledgment of Geed may L public who affixed his notarial seal.
made, if within commonwealth, before Ashkenazy v. R. M. Bradley & Co. (1952)
justice of peace or notary public, and if 103 N,E.2d 251, 328 Klass.242.
without commonwealth, before justice of
peace, notary public, magistrate or com- Implication in statutory form of ac-
missioner appointed therefor by Gover- knowledgment that notary owes duty to
nor of this commonwealth, or if a cer- ascertain identity of persons acknowl-
tificate of authority is attached thereto, edging execution of instruments is not
before any other officer therein autho- controlling, in view of provision also
rized to take acknowledgments of deeds, permitting use of pre-existing forms.
requirement of certificate of authority New England Bond & Mortgage Co. v.
applies only to class of magistrate de- Brock (1930) 169 N.E. 803, 270 Mass.
scribed as any other officer authorized 107, 68 A.L.R. 371.
TITLE BY DECREE OF COURT
§ 43. Vesting of title or interest by operation of decree in equity
Whenever a final decree in equity shall be made by the supreme r.
judicial, superior, probate or land court directing that a deed, convey-
ance or release of any real estate or interest therein shall be made,
and the party directed to make such deed, conveyance or release does
not duly execute it within the time specified in the decree, the decree
itself shall operate to vest title to the real estate or interest in the
party entitled thereto by the decree as fully and completely as if such
deed, conveyance or release had duly been executed by the party di-
rected to make it.
Amended by St.1937, c. 101, § I.
Historical Note
St.1910, c.376, § 1.
This section was made applicable to a
final decree in equity of a "probate or
land court"by the 1937 amendment.
166
S'
�Vn
VLLii
I
188k APR -2 PM 2,
.. son n -.
C�1TY (IF
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. PROBATE & FAMILY
COURT DEPARTMENT
NO. 2428
RICHARD E. BOISVERT, ADMINISTRATOR )
OF THE ESTATE OF ELEANOR M. DEMEULE)
JUDGMENT
V. )
) I
JOSEPH W. DEMEULE )
All persons interested having been notified in accordance
with law and after hearing before a Master, it is adjudged that:
1. The defendant, Joseph W. Demeule, be permanently enjoined
and restrained from occupying the property at 1 McKinley Road,
Salem, Massachusetts, and from interfering, obstructing, or
hindering the plaintiff' s access to or use of the said property.
2 . The deed dated August 22, 1980, executed by Eleanor M.
Demeule conveying property owned by her at 1 McKinley Road, Salem,
Massachusetts to Joseph W. Demeule, is hereby declared null and
void and of no force and effect.
3. The deed dated August 22, 1980, and recorded at Essex
South District Registry of Deeds, Book 6729 Page 007 is hereby
set aside and rescinded, and the land with the buildings thereon '
located in Salem, Essex County, Massachusetts, bounded and
described as follows:
Easterly by Hayes Road eighty-five (85) feet;
Southerly by land of Loring Realty Trust one hundred (100) fee
Westerly by land of Loring Realty Trust one hundred (100) feet;
Northerly by McKinley Road eighty-five (85) feet;
LIACOS @ LIACOS
ATTORNEYS AT LAW Northeasterly by a curve at the intersection of Hayes Road
• MAIN BTRECT and McKinley Road twenty-three and 56/100 (23. 56) feet.
BODY. MASS. 01060
77
App.-37-
Containing 9, 952 square feet, according to plan recorded with
Essex South District Registry of Deeds, Book 4013, Page 254 , is
hereby declared to be standing in the name of Eleanor M. Demeule .
4 . The defendant is .hereby ordered and directed to convey
the real estate described in deed dated August 22 , 1980 and re-
corded at Essex South District Registry of Deeds, Book 6729 Page
007 to Richard E . Boisvert, as he is Administrator of the Estate i
of Eleanor M. Demeule, within thirty (30) days of this ,Judgment.
r
5 . The defendant shall pay to the plaintiff costs of this
suit. .
By the Court:
Date: ��G
I
I
i
I
LIACOS & LIACOS
ATTORNEYS AT LAW
• MAIN STREET
•EABODY, MASS. OINO
3cf
-2-
App.-38-