2009 Massachusetts Code
PART III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
TITLE II ACTIONS AND PROCEEDINGS THEREIN
CHAPTER 223 COMMENCEMENT OF ACTIONS, SERVICE OF PROCESS
Section 117 Attaching officer; liability for net proceeds

Section 117. If the officer has, before such demand, sold on execution the personal property attached or a right of redeeming land attached as aforesaid, he shall not be a trespasser, but shall be liable only for the proceeds of the sale after deducting his legal fees and charges for attaching, keeping and selling the property attached. Such proceeds may be recovered by the executor or administrator in a civil action.

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