2009 Massachusetts Code
PART III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
TITLE II ACTIONS AND PROCEEDINGS THEREIN
CHAPTER 236 LEVY OF EXECUTIONS ON LAND
Section 50 Waiver of levy; remedies

Section 50. If, before an execution which has been levied on land is returned and recorded, it appears that there is a defect or error in the proceedings which would defeat the levy, or that the land levied upon cannot be held thereby, the creditor may waive the levy, which shall thereupon be void, and resort to any other remedy for the satisfaction of his judgment.

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