Section 47. If an execution is levied on land or rights the record title to which fraudulently stands in the name of a person other than the debtor and such other person is in possession claiming title thereto, the levy shall be void unless the judgment creditor to whom the land is set off or the purchaser at the sale or a person lawfully claiming under either of them commences his action to recover possession thereof within one year after the recording of the execution and return in the registry of deeds in the case of a levy by set-off or after the recording of the deed therein in the case of a levy by sale; and such land or rights so set off or sold may be redeemed by the defendant in said action or by any person lawfully claiming under him, within three months from the date of the judgment recovered in said action for possession, in the manner and according to the terms and conditions provided in section thirty-three upon payment of the costs of such action for possession.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title II - Actions and Proceedings Therein
Chapter 236 - Levy of Executions on Land
Section 1 - Land and Rights Subject to Execution
Section 3 - Proceedings Upon Levy; Notice and Appraisal
Section 4 - Deposit of Notice of Land Taken on Execution or Mesne Process; Nantucket County
Section 5 - Entries by Register
Section 6 - Levy by Set-Off; Appointment of Appraisers
Section 7 - Qualifications and Duties of Appraisers; Certificates of Appraisal
Section 8 - Valuation of Estates as Fee Simple; Exception
Section 9 - Mortgaged Land; Appraisal
Section 10 - Appraisal When Several Parcels Are Levied Upon
Section 11 - Description of Land in Certificate of Appraisers; Return
Section 12 - Land Held Jointly or in Common; Levy Upon
Section 13 - Land Incapable of Division; Levy Upon
Section 14 - Life Estates; Levy Upon
Section 15 - Rents and Profits; Levy Upon; Expiration of Life Estates
Section 16 - Leased Land; Levy Upon
Section 17 - Levy on Leased Land Where Reversion of Part Only Is Taken
Section 18 - Homestead Property; Levy of Execution
Section 19 - Delivery of Seisin to Creditor; Debtor's Rights in Remainder, Etc.
Section 21 - Return and Record of Execution
Section 22 - Record as Prima Facie Evidence
Section 23 - Officer's Return; Requisites
Section 24 - Validity of Levy as Against Subsequent Attaching Creditors and Purchasers
Section 25 - Levy Valid Against Creditor
Section 26 - Levy by Sale; Disposition of Proceeds; Lands Taken on Behalf of Commonwealth
Section 27 - Conduct of Sale; Effect
Section 29 - Adjournment of Sale
Section 30 - Adjournment by Court
Section 31 - Suspension of Levy; Record; Effect; Liability of Land
Section 32 - Proceedings After Dissolution of Prior Attachment
Section 33 - Right of Redemption; Time; Amount Required; Deed or Release
Section 34 - Ascertainment of Amount Due; Tender
Section 35 - Redemption of Mortgage Paid by Creditor or Purchaser
Section 36 - Redemption of Right to Redeem From Tax Sale
Section 37 - Redemption Where Levy on Rents and Profits of Life Estate
Section 38 - Tender; Refusal to Release Land; Remedies
Section 39 - Action for Redemption
Section 42 - Rights of Debtors, Creditors or Purchasers Exercisable by Heirs, Etc.
Section 43 - When Levy Considered Made
Section 44 - Service of Notice
Section 46 - Lands, etc., in Different Counties
Section 47 - Time for Bringing Action for Possession
Section 48 - Levy on Land Subject to Lien Not Allowed For
Section 49 - Levy on Right of Redeeming Land Taken on Execution
Section 49a - Certain Levies Made Void by Operation of Law
Section 50 - Waiver of Levy; Remedies
Section 51 - Invalid Levy; Remedy