Legal Opinion

Butler v. Stark

Massachusetts Supreme Judicial Court

Decided February 27, 1885PublishedCited by 10 opinions

Bill hi equity, filed December 8, 1883, to remove a cloud upon the title to four parcels of land in Boston. Hearing before 0. Allen, J., who reported for the consideration of the full court the following case : From 1870 to 1881, John H. Butler owned four estates in Boston, and was assessed therefor legally.

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Bill hi equity, filed December 8, 1883, to remove a cloud upon the title to four parcels of land in Boston. Hearing before 0. Allen, J., who reported for the consideration of the full court the following case : From 1870 to 1881, John H. Butler owned four estates in Boston, and was assessed therefor legally. On July 1, 1881, said estates were sold to John H. Stark at collector’s sale, lawfully held, for the tax of 1876 lawfully assessed, and the deed was placed on record before May 1, 1882, and the estates were not sold or transferred to any other person until after May 1, 1882. Said estates…

1Opinion of the CourtHolmes, J.

The tax deed to Stark conveyed an estate in fee simple, although subject to redemption for a limited time. Parker v. Baxter, 2 Gray, 185. Coughlin v. Gray, 131 Mass. 56, 57. Langley v. Chapin, 134 Mass. 82. The deed was recorded,- and therefore, in the absence of statute to the contrary, Stark was the “person appearing of record as owner” of the land when it was assessed to him, on May 1, 1882, and the assessment to him was proper. Pub. Sts. c. 11, § 13. See Miner v. Pingree, 110 Mass. 47. Bill dismissed.

2Cases cited3 opinions

  1. Langley v. ChapinMassachusetts Supreme Judicial Court · 1883
  2. Coughlin v. GrayMassachusetts Supreme Judicial Court · 1881
  3. Miner v. PingreeMassachusetts Supreme Judicial Court · 1872

3Cited by10 opinions

  1. Conners v. City of LowellMassachusetts Supreme Judicial Court · 1911
  2. Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1903
  3. Glazier v. EverettMassachusetts Supreme Judicial Court · 1916
  4. Roberts v. WelshMassachusetts Supreme Judicial Court · 1906
  5. Rogers v. City of LynnMassachusetts Supreme Judicial Court · 1909

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