Legal Opinion

Adams v. Mills

Massachusetts Supreme Judicial Court

Decided February 6, 1879PublishedCited by 5 opinions

Bill in equity, filed July 9, 1878, under the Gen. Sts. c. 113, § 2, alleging that the plaintiffs, on June 26, 1878, recovered judgment in the Superior Court, against the defendant, in the sum of $629.63, on which execution was duly issued; that the judgment had not been satisfied in whole or in part, and that the defendant had no property that could be come at to be attached at law; that prior to March 12,1877, the defendant was the owner in remainder of one undivided third…

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Bill in equity, filed July 9, 1878, under the Gen. Sts. c. 113, § 2, alleging that the plaintiffs, on June 26, 1878, recovered judgment in the Superior Court, against the defendant, in the sum of $629.63, on which execution was duly issued; that the judgment had not been satisfied in whole or in part, and that the defendant had no property that could be come at to be attached at law; that prior to March 12,1877, the defendant was the owner in remainder of one undivided third part of a parcel of land in Springfield, then subject to a life estate, which land was on the day last named sold by…

1Opinion of the CourtSoule, J.

The defence relied on in this case is, that the collector’s deed is void in not stating the cause of sale, and that, consequently, a legal estate in the lands described remains in the defendant and is attachable in a suit at law. It is contended that the deed, though it recites a demand by the collector for the tax, and that the tax remained unpaid after fourteen days had elapsed from the time of the demand, and continued unpaid when the land was advertised for sale, and on the day appointed for the sale, when the first adjournment was made, is void, because it does not state that the tax was…

2Cited by5 opinions

  1. Phœnix Insurance v. AbbottMassachusetts Supreme Judicial Court · 1879
  2. Charland v. Trustees of the Home for Aged WomenMassachusetts Supreme Judicial Court · 1910
  3. Langdon v. StewartMassachusetts Supreme Judicial Court · 1886
  4. Pixley v. PixleyMassachusetts Supreme Judicial Court · 1895
  5. Robinson v. ChurchMassachusetts Land Court · 1899

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