Langdon v. Stewart
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in Sandisfield. Plea, nul disseisin. At the trial in the Superior Court, before Bacon, J., without a jury, the tenant claimed title to the demanded premises under a deed from the collector of taxes of Sandisfield, dated May 24, 1875. The demandant contended that the deed was insufficient to convey to the tenant a valid title to the premises. The judge so ruled, and found for the demandant; and the tenant alleged exceptions.
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Writ of entry to recover a parcel of land in Sandisfield. Plea, nul disseisin. At the trial in the Superior Court, before Bacon, J., without a jury, the tenant claimed title to the demanded premises under a deed from the collector of taxes of Sandisfield, dated May 24, 1875. The demandant contended that the deed was insufficient to convey to the tenant a valid title to the premises. The judge so ruled, and found for the demandant; and the tenant alleged exceptions. The facts material to the point decided appear in the opinion.
1Opinion of the CourtField, J.
The only material exception is to the ruling that the tax deed conveyed no title to the tenant. The Gen. Sts. c. 12, § 35, required that the deed “ shall state the cause of sale; ” and § 22 provided that taxes on real estate may be levied “ by sale thereof, if the tax is not paid within fourteen days after a demand of payment.” This deed recites that “ no person has appeared to discharge said tax; ” and that the collector “ has demanded the same of John J. Stewart, the reported owner of said real estate; ” but there is no statement that fourteen days elapsed after the demand before…
2Cases cited2 opinions
- Reed v. CrapoMassachusetts Supreme Judicial Court · 1879
- Adams v. MillsMassachusetts Supreme Judicial Court · 1879
3Cited by4 opinions
- Conners v. City of LowellMassachusetts Supreme Judicial Court · 1911
- Charland v. Trustees of the Home for Aged WomenMassachusetts Supreme Judicial Court · 1910
- Downey v. LancyMassachusetts Supreme Judicial Court · 1901
- Pixley v. PixleyMassachusetts Supreme Judicial Court · 1895