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The 193rd General Court of the Commonwealth of Massachusetts

Section 127: Fraudulently conveyed realty

Section 127. If an attachment of real property is made under sections sixty-seven and sixty-eight, the person in whose name the record title of the property attached stands, or a person in his behalf, may, before final judgment, dissolve the attachment by giving bond to the plaintiff, with sufficient sureties, conditioned to pay him, if he establishes his title to the land in a civil action against the person having the record title thereto at the time of the attachment, the ascertained value of the land, or so much thereof as shall satisfy the amount, if any, which the plaintiff shall recover upon final judgment, or upon a special judgment under chapter two hundred and thirty-five, in the action in which such attachment was made. All proceedings required in the two preceding sections shall apply to the dissolution of an attachment under this section. In the trial of such action to establish title, the record of the attachment and of final or special judgment, as the case may be, in the action in which the attachment was made shall be conclusive evidence of a momentary seisin of the land in the plaintiff to enable him to maintain an action therefor upon his own seisin; but no such action to establish title shall be brought after the expiration of one year from the date of such final or special judgment. If the plaintiff recovers judgment on such action he shall not have an execution for possession, but may have an execution for costs.