Section 6. In an action for the recovery of an outstanding debt or claim sold or assigned by an executor or administrator under a license of the probate court costs shall be recovered by or against the plaintiff but not against the executor or administrator. Any such action which is not governed by the Massachusetts Rules of Civil Procedure or the District-Municipal Courts Rules of Civil Procedure shall be brought in the names of the purchaser or assignee, and the fact of the sale shall be set forth in the pleadings. The defendant may avail himself of any defense which would have been open to him upon an action or proceeding brought by an executor or administrator.

Terms Used In Massachusetts General Laws ch. 231 sec. 6

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Executor: A male person named in a will to carry out the decedent
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probate: Proving a will
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