Barker v. Mackay
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court September 8, 1895, to redeem certain land in Boston, which was sold by the collector of taxes' on September 17, 1890, for non-payment of taxes. Trial in the Superior Court, before Dunbar, J., who refused to rule, as requested by the defendant, that the court had not jurisdiction, and reported the case for the determination of this court.
Read the full summary
Bill in equity, filed in the Superior Court September 8, 1895, to redeem certain land in Boston, which was sold by the collector of taxes' on September 17, 1890, for non-payment of taxes. Trial in the Superior Court, before Dunbar, J., who refused to rule, as requested by the defendant, that the court had not jurisdiction, and reported the case for the determination of this court. If the Superior Court had jurisdiction, the decree was to be affirmed; otherwise, the bill was to be dismissed, with costs.
1Opinion of the CourtLathrop, J.
In Mitchell v. Green, 10 Met. 101, argued in 1845, it was held that the Supreme Judicial Court had no juris*77diction in equity of a bill for the redemption of land sold for payment of taxes. The remedy was to tender the amount due, and, if the tender was refused, to bring a writ of entry. Rand v. Robinson, 11 Cush. 289.
By the St. of 1849, c. 213, § 2, it was provided, “ In all cases of sales of real estate for the payment of taxes, the Supreme Judicial Court shall have full equity powers.” Under this statute, the court exercised the power granted. Simonds v. Towne, 4 Gray, 603. See also Rand v.…
2Cases cited9 opinions
- Baldwin v. Inhabitants of WilbrahamMassachusetts Supreme Judicial Court · 1886
- Attorney General v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1893
- Langmaid v. ReedMassachusetts Supreme Judicial Court · 1893
- Ladd v. ChaseMassachusetts Supreme Judicial Court · 1892
- Faxon v. WallaceMassachusetts Supreme Judicial Court · 1867
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Garden Cemetery Corp. v. BakerMassachusetts Supreme Judicial Court · 1914
- Washington National Bank v. WilliamsMassachusetts Supreme Judicial Court · 1905
- Abbott v. GaskinsMassachusetts Supreme Judicial Court · 1902
- Barker v. MackayMassachusetts Supreme Judicial Court · 1900
- Bertram v. WilburMassachusetts Supreme Judicial Court · 1923
2 more not listed; retrieve them via the Exa API.