Section 28. The plaintiff shall, except as provided in the following section, before taking out execution for seisin of the land, pay to the defendant, or for his use to the recorder of the land court, the amount, if any, by which the defendant's judgment upon his counterclaim for improvements exceeds the amount recovered against the defendant by the plaintiff upon his claim for rents and profits and other damages; but the defendant or person claiming under him shall not be liable for rents and profits accruing between the date of the judgment and payment by the plaintiff of said amount.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title III - Remedies Relating to Real Property
Section 1 - Estates Recoverable
Section 2 - Action to Recover Freehold Estates Against Commonwealth
Section 3 - Form of Declaration
Section 4 - Actual Entry; Seisin; Proof; Right of Entry
Section 5 - Manner of Prosecuting Action
Section 7 - Actual Ouster; Effect
Section 8 - Joint Tenants; Tenants in Common; Actions
Section 9 - Laws and Rules Governing
Section 11 - Parts or Portions Recoverable
Section 12 - Rents; Profits; Destruction or Waste
Section 13 - Measure of Damages
Section 14 - Use of Improvements Not Element of Damages
Section 15 - Limitation of Defendant's Liability
Section 17 - Possession Under Supposedly Good Title; Effect
Section 20 - Limitation of Allowances
Section 21 - Court Assessments; Postponements
Section 22 - Jury Assessments; Postponements
Section 23 - Resumption of Procedure for Assessment by Jury
Section 24 - Waiver of Jury Trial
Section 25 - Assessment by Assessors
Section 26 - Judgments to Both Parties
Section 27 - Excess of Improvements Over Rents and Profits; Effect
Section 28 - Payment of Balance Due Defendant
Section 29 - Writ of Seisin Before Judgment
Section 30 - Collection of Balance Due Defendant
Section 31 - Valuation Without Considering Improvements
Section 32 - Relinquishment of Estate; Recording Election
Section 33 - Relinquishment of Estate; Effect; Payments by Defendant
Section 34 - Nonpayment by Defendant; Effect
Section 35 - Failure of Title to Relinquished Land; Remedies; Notice
Section 36 - Effect on Mode of Payment
Section 38 - Recovery by Life Tenant From Remainderman, Etc.
Section 39 - Amount Due From Remainderman; Determination
Section 40 - Limitation on Amount Recoverable
Section 41 - Time for Bringing Action; Limitation
Section 42 - Recording Execution for Possession and Return