A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

information about the general progress of an action through the court system. A
decree States the judgment or decision of the court, together with the
consequemes of that judgment. The core paragraph of an Equity decree
usually begins "This court doth order and decree that ...." Consequences
follow, generally through instructions regarding disposition of the land or
property at issue. The sequenœ of information to be found in decrees may
include the style of cause (plaintiffs and defendant's names), date the decree
was issued, a brief summary of the court decision and orders, date the decree
was entered in the register, and signature of the administrative official.
The second type of Equity decree, decree for sale, was created as a
result of proceedings related to mortgage actions.25 Full legal description read,
"Decree for sale, account taken by the registrar, with order for payment and
delivery of posse~sion."~~ When the plaintiff filed a bill of cornplaint for payment
of mortgage security, and the defendant failed to respond with answer or
demurrer, the court made an account of moneys owed (usually on dorso side of
the decree). If the defendant subsequently paid the moneys owed, the court
"ordered and decreed that the said plaintiff do assign and convey the said
premises free and clear of al1 incumbrances to the said Defendant .... n27 If
payment was not forthcoming the court "ordered and decreed that the said
premises be sold, either by public auction, tender or private contract ..." and the
moneys due to the plaintiff be paid out of the sale.
Three volumes of decrees for sale are extant, extending from 1882 to