Burke v. Burke
Massachusetts Supreme Judicial Court
Writ of entry, to recover possession of a parcel of land in Somerville. Plea, nul disseisin. Trial in the Superior Court, before Wardwell, J., who directed the jury to return a verdict for the demandants; and the tenant alleged exceptions, which appear in the opinion.
1Opinion of the CourtKnowlton, J.
The demandants show a title which was good unless their estate passed to the tenant under his deed from the collector of taxes. This deed was in the form required by the statute, and, as there was a failure to redeem from the sale, it gave the tenant a good title if it was founded on proper preliminary proceedings, and if the recitals in it were true. The tenant introduced no evidence to support it, but rested on the deed alone.
When one seeks to show that the title of another has passed to himself by virtue of statutory proceedings, he cannot prevail without proving that everything has been…
2Cases cited12 opinions
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
- Deford v. State ex rel. KeyserCourt of Appeals of Maryland · 1869
- Lombard v. MorseMassachusetts Supreme Judicial Court · 1891
- Tripp v. GiffordMassachusetts Supreme Judicial Court · 1891
- Polk v. Rose ex rel. CinnamondCourt of Appeals of Maryland · 1866
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3Cited by9 opinions
- Queens County Water Co. v. MonroeAppellate Division of the Supreme Court of the State of New York · 1903
- Temple v. PhelpsMassachusetts Supreme Judicial Court · 1906
- Elder v. AdamsMassachusetts Supreme Judicial Court · 1902
- Federal Trust Co. v. Bristol County Street Railway Co.Massachusetts Supreme Judicial Court · 1914
- Weld v. ClarkeMassachusetts Supreme Judicial Court · 1911
4 more not listed; retrieve them via the Exa API.