Massachusetts General Laws

Mass. Gen. Laws ch. 236, § 20 (2026)

Momentary seisin

✓ current as of July 2026

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Section 20. If an execution is levied on land of which a person other than the debtor is actually seized, the officer shall deliver to the creditor or to his attorney such momentary seisin and possession thereof as will enable the creditor to maintain an action therefor upon his own seisin; but the officer shall not oust the tenant then in possession.

Notes of Decisions

Cited in 2 cases, 1927–1988 · leading case: Little v. Ellis, 1988 Mass. App. Div. 1 (Mass. Dist. Ct., App. Div. 1988).

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Little v. Ellis, 1988 Mass. App. Div. 1 (Mass. Dist. Ct., App. Div. 1988). “Compare, for levy on execution without prior attachment, G. L. c. 236, § 20. The plaintiff necessarily concedes that her attachment of Edward Eiiis’ interest in the home of Edward and Laura Ellis presently constitutes no more than a potential, future basis for satisfaction of…”

Isam Mitchell & Co. v. Norwach, 156 N.E. 882 (Mass. 1927). “It is provided in G. L. c. 236, § 20, that if execution is levied on land of which a person other than the.”

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