Massachusetts General Laws ch. 237 sec. 28 – Payment of balance due defendant
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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.
Terms Used In Massachusetts General Laws ch. 237 sec. 28
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.