Charland v. Trustees of the Home for Aged Women
Massachusetts Supreme Judicial Court
Contract for an alleged surplus remaining in the hands of the defendant as mortgagee after a sale of certain real estate in Worcester under a power of sale contained in a mortgage given by the plaintiff to the defendant.
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Contract for an alleged surplus remaining in the hands of the defendant as mortgagee after a sale of certain real estate in Worcester under a power of sale contained in a mortgage given by the plaintiff to the defendant. Writ dated December 17, 1908. The case was heard by Pierce, J., upon an agreed statement of facts, from which it appeared that on May 1,1901, the record title to the real estate in question stood in the name of one Maria L. S. de Vaudreuil, and that the taxes thereon for that year were assessed in her name; that on May 23, 1901, she conveyed the property to the plaintiff;…
1Opinion of the CourtLoring, J.
The power to sell property for non-payment of taxes is strictissimi juris, and a failure to comply with the statutory requirements, even in minute particulars, is fatal. See for example Alexander v. Pitts, 7 Cush. 503 ; Knowlton v. Moore, 136 Mass. 32; Spring v. Cambridge, 199 Mass. 1, 3. The tax deeds in question in the cases of Reed v. Crapo, 127 Mass. 39, Barnes v. Boardman, 149 Mass. 106, and Downey v. Lancy, 178 Mass. 465, were cases where the tax title was attacked for defects of this kind.
There was no defect of this kind in the ease at bar. The sale was duly made and the statutory…
2Cases cited15 opinions
- Barnes v. BoardmanMassachusetts Supreme Judicial Court · 1889
- O'Grady v. BarnhiselCalifornia Supreme Court · 1863
- Henderson v. WhiteTexas Supreme Court · 1887
- Bender v. DunganSupreme Court of Missouri · 1889
- Spurlock v. AllenSupreme Court of Missouri · 1872
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3Cited by19 opinions
- Conners v. City of LowellMassachusetts Supreme Judicial Court · 1911
- City of Boston v. BarryMassachusetts Supreme Judicial Court · 1944
- Solis v. WilliamsMassachusetts Supreme Judicial Court · 1910
- City of Boston v. LynchMassachusetts Supreme Judicial Court · 1939
- Pierce v. BarrettSupreme Court of Oklahoma · 1923
14 more not listed; retrieve them via the Exa API.