Legal Opinion

Union Trust Co. v. Reed

Massachusetts Supreme Judicial Court

Decided December 4, 1912PublishedCited by 17 opinions

Bill in equity, filed in the Superior Court on April 8, 1910, under St. 1909, c. 490, Part II, § 76, by an attaching judgment creditor of the defendant Heed, to redeem certain land in Leominster from a tax sale made on February 11, 1907, for non-payment of taxes assessed to the defendant Reed as the owner of the land on May 1, 1905, the bill alleging that the plaintiff was ignorant of the default in the payment of taxes and of the sale for non-payment thereof until December…

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Bill in equity, filed in the Superior Court on April 8, 1910, under St. 1909, c. 490, Part II, § 76, by an attaching judgment creditor of the defendant Heed, to redeem certain land in Leominster from a tax sale made on February 11, 1907, for non-payment of taxes assessed to the defendant Reed as the owner of the land on May 1, 1905, the bill alleging that the plaintiff was ignorant of the default in the payment of taxes and of the sale for non-payment thereof until December 31,1909, when the plaintiff first had notice of such default and sale after the legal period of redemption had expired.…

1Opinion of the CourtRugg, C. J.

This is a suit in equity under St. 1909, c. 490, Part II, § 76, for the redemption of land sold for taxes. The plaintiff, who at the time of the tax sale was an attaching and judgment creditor of the owner and holder of the legal title of certain land, sues the owner, two other attaching creditors and the purchaser of the land at a tax sale. The primal question is whether the plaintiff as creditor, who prior to the sale had attached as security for his debt the land of the owner and person assessed, may maintain this proceeding. The answer depends upon the construction to be given to the…

2Cases cited5 opinions

  1. Perego v. DodgeSupreme Court of the United States · 1896
  2. Braman v. FossMassachusetts Supreme Judicial Court · 1910
  3. Coburn v. Cedar Valley Land & Cattle Co.Supreme Court of the United States · 1891
  4. Holbrook v. SchofieldMassachusetts Supreme Judicial Court · 1912
  5. Bassill v. BassillMassachusetts Supreme Judicial Court · 1911

3Cited by17 opinions

  1. Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1920
  2. Dubinsky v. CamaMassachusetts Supreme Judicial Court · 1927
  3. Perry v. PyeMassachusetts Supreme Judicial Court · 1913
  4. Lane Mortgage Co. v. CrenshawCalifornia Court of Appeal · 1928
  5. Lookholder v. State Highway CommissionerMichigan Supreme Court · 1958

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