Southworth v. Edmands
Massachusetts Supreme Judicial Court
' Writ oe entry to recover a parcel of land in Wakefield. The tenants Rodney Edmands and Josephine A. Edmands, his wife, severally pleaded nul disseisin. The remaining tenant disclaimed title to the premises. The case was referred to the Superior Court, upon the report of an auditor as an agreed statement of facts, and, after judgment for the tenants, to this court on appeal. The report was in substance as follows.
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' Writ oe entry to recover a parcel of land in Wakefield. The tenants Rodney Edmands and Josephine A. Edmands, his wife, severally pleaded nul disseisin. The remaining tenant disclaimed title to the premises. The case was referred to the Superior Court, upon the report of an auditor as an agreed statement of facts, and, after judgment for the tenants, to this court on appeal. The report was in substance as follows. The parcel in question consisted of two and a half acres of land, upon which were two dwelling-houses and a barn. The demandant claimed title under four deeds from the collector of…
1Opinion of the CourtW. Allen, J.
The taxes were properly assessed to Rodney Edmands. The record title was in one William G. Strong, and he was the person taxable as owner, and not Mrs. Edmands, who held an unrecorded deed from him, of which the assessors had no notice. Gen. Sts. c. 11, § 8. Forster v. Forster, 129 Mass. 559, 566. St. 1881, c. 304, § 3. Pub. Sts. c. 11, § 13. The potent facts upon which the assessments must be made were, that Strong was the owner of the premises, and that the Edmands family occupied them ■; and there was nothing to overthrow the presumption that the head of the family was in possession.
The…
2Cases cited14 opinions
- Richardson v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Arnold v. SpurrMassachusetts Supreme Judicial Court · 1881
- Brown v. WebberMassachusetts Supreme Judicial Court · 1850
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1867
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3Cited by18 opinions
- City of Boston v. Quincy Market Cold Storage & Warehouse Co.Massachusetts Supreme Judicial Court · 1942
- Kirchgassner v. RodickMassachusetts Supreme Judicial Court · 1898
- Colbert v. RickerMassachusetts Supreme Judicial Court · 1943
- City of Boston v. LynchMassachusetts Supreme Judicial Court · 1939
- Rothchild Bros. v. RollingerWashington Supreme Court · 1903
13 more not listed; retrieve them via the Exa API.