Sec. 52-285. Attachment of real estate.
Sec. 52-285. Attachment of real estate. Real estate shall be attached by the officer
by leaving in the office of the town clerk of the town in which it is situated a certificate
that he has made such attachment, which shall be endorsed by the town clerk with a
note of the precise time of its reception and recorded at length in the land records of such
town; and such attachment, if completed as hereinafter provided, shall be considered as
made when such certificate has been so lodged. The certificate shall be signed by such
officer, shall describe the land attached with reasonable certainty and shall specify the
parties to the suit, the authority issuing the writ, the court to which the process is returnable and the amount of damages claimed; and, unless the service is so completed, such
estate shall not be held against any other creditor or bona fide purchaser. No such certificate left in the town clerk's office for record shall have the effect of the notice of action
pending provided for in section 52-325.
(1949 Rev., S. 8025; 1955, S. 3194d; 1967, P.A. 469.)
History: 1967 act eliminated leaving copy of process with town clerk and required recording of certificate of attachment
rather than keeping it on file.
Variance in copy not fatal. K. 103. Conveyance pending attachment. 17 C. 283. An attachment of land is an "encumbrance" within covenant against encumbrances. 43 C. 136. Attachment cannot be made before process is placed in officer's
hands. Id., 185, 186. A lien exists only for the amount to which the officer is directed by the writ to attach. 52 C. 19. An
uncertain interest, incapable of appraisal and possibly of no value, is not attachable. 71 C. 155; 83 C. 346. History of statute.
90 C. 325, 339; 109 C. 434. Effect of outstanding equities in land; 91 C. 571; of unrecorded mortgage or deed. 71 C. 364;
89 C. 59; 91 C. 423. Right of attaching creditor to redeem prior mortgage. 83 C. 514. Equitable interests as subject to
attachment. 71 C. 154; 83 C. 355. Mortgagee's interest is not; 81 C. 419; 83 C. 356; nor the interest of an obligee in a bond
for sale, who has paid nothing; 70 C. 274; but it is attachable after payments have been made. 90 C. 555. Right of attaching
creditor to rely on record title. 92 C. 345. Attachment has priority over deed not recorded in reasonable time. 91 C. 423.
Attachment dates from time certificate is lodged with town clerk. 109 C. 436. Town clerk's failure to record or index
certificate of attachment does not invalidate attachment otherwise valid. Id., 434. Defective compliance is, at the instance
of a creditor or bona fide purchaser, voidable rather than void. 140 C. 464. In a cotenancy with right of survivorship, the
death of a cotenant, after attachment but before judgment, extinguishes his interest in the estate attached. 143 C. 427; 145
C. 332. Held that deed to X was insufficient to defeat plaintiff's attachment because it failed to describe the indebtedness
it was given to secure. 146 C. 523. See note to section 52-279. Cited. 219 C. 810.
Cited. 28 CA 809. Cited. 30 CA 52. Cited. 46 CA 399. Incorrect identification of court does not make certificate of
attachment defective. 50 CA 671.
Effect of failure of officer in his return to the town clerk to set forth how and when he served the process on the defendant.
17 CS 439. Although an action for a legal separation is in personam, if the accompanying constructive attachment of
property in the court's jurisdiction is properly made at the outset of the action, the action becomes quasi in rem and personal
service of process need not be made. 26 CS 284.