Faxon v. Wallace
Massachusetts Supreme Judicial Court
Bill in equity, filed July 31, 1866, against William H. Wallace, James C. Bean, Henry Emerson and George Butterfield, to redeem a lot of land in Boston, sold for taxes.
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Bill in equity, filed July 31, 1866, against William H. Wallace, James C. Bean, Henry Emerson and George Butterfield, to redeem a lot of land in Boston, sold for taxes. The bill alleged that George W. Snow, being seised of the land, mortgaged it on April 14, 1859, to Albert G. Peck, who assigned the mortgage, on November 12, 1859, to John O. Chaney; that Chaney duly sold the land, for breach of the condition of the mortgage, under a power therein contained, to the plaintiff) and executed to him a deed on July 12,1864, by virtue of which the plaintiff became seised in fee of the premises,…
1Opinion of the CourtChapman, C. J.
As the case stood at the former hearing, it appeared that the title derived from the collector of taxes was still in Wallace, because he, being disseised, could convey no title to Bean. But evidence is now offered tending to prove that his deed to Bean was delivered on the land, that thus his title passed, and that the plaintiff had notice of the transfer. For this reason, it is now contended that the tender ought to have been made to Bean. If this were so, it would affect the question of costs, but not the right to redeem. But if it be true that the deed was delivered on the land, yet we…
2Cited by1 opinion
- O'Day v. BowkerMassachusetts Supreme Judicial Court · 1886