Hawks v. Davis
Massachusetts Supreme Judicial Court
Writ of entry, dated December 7, 1900, for a lot of land and the buildings thereon on East Highland Street, formerly known as Rockland Street, in Lynn. At the trial in the Superior Court before Wait, J., it appeared, that the title of the demandant depended on her right to redeem from a tax sale under which the tenant claimed as stated in the opinion. The purchaser at the tax sale, through whom the tenant claimed, was one Stephen P. Weld.
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Writ of entry, dated December 7, 1900, for a lot of land and the buildings thereon on East Highland Street, formerly known as Rockland Street, in Lynn. At the trial in the Superior Court before Wait, J., it appeared, that the title of the demandant depended on her right to redeem from a tax sale under which the tenant claimed as stated in the opinion. The purchaser at the tax sale, through whom the tenant claimed, was one Stephen P. Weld. The notice given by Weld to Neal referred to in the opinion was as follows: “Mr. Edward C. Neal, No. 1022 Washington St., Lynn, Mass. Dear Sir: I hold by…
1Opinion of the Court
Knowlton, O. J.
This is a real action in which the demandant shows a good title as mortgagee, with an entry to foreclose which perfects her rights as against the mortgagor and all persons claiming under the mortgagor. The tenant shows a good title acquired under a sale for taxes assessed to the mortgagor after this mortgage was made, which title, unless redeemed,takes precedence of the title of the mortgagee. The demandant undertook to redeem from this tax sale, and the principal question is whether her attempt at redemption was effectual. This question may be divided into two parts: first,…
2Cases cited3 opinions
- Faxon v. WallaceMassachusetts Supreme Judicial Court · 1867
- Keith v. WheelerMassachusetts Supreme Judicial Court · 1893
- Hawes v. HowlandMassachusetts Supreme Judicial Court · 1884
3Cited by3 opinions
- United States Trust Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1923
- Bloom's CaseMassachusetts Supreme Judicial Court · 1916
- Holbrook v. BrownMassachusetts Supreme Judicial Court · 1913