Section 38. If the court finds that the defendant has a lien on the property but that the defendant is not otherwise entitled to possession of the property, judgment shall be rendered for the defendant for the amount due under the contract, together with, or deducting, costs as determined by the following section. Upon payment of this amount to the defendant the bond provided for in the preceding section shall be held satisfied, and shall be delivered up to the plaintiff.

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Terms Used In Massachusetts General Laws ch. 255 sec. 38

  • Contract: A legal written agreement that becomes binding when signed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Plaintiff: The person who files the complaint in a civil lawsuit.