Graton v. City of Cambridge

This is an action brought under'the provision of G. L. c. 60, § 98, to recover back a tax paid under protest. The court sustained a demurrer to the declaration in three counts, all for the same cause of action. The plaintiff appealed to this court, Samuel v. Page-Storms Drop Forge Co. 243 Mass. 133. G. L. c. 231, § 96.

The facts set out in the declaration or incorporated therein by reference are that the plaintiff, about to purchase a piece of real estate in Cambridge, Massachusetts, free and clear of all incumbrances, including municipal liens, under the provisions of St. 1909, c. 490, Part…