Legal Opinion

Hayden v. Foster

Massachusetts Supreme Judicial Court

Decided March 15, 1833PublishedCited by 1 opinion

Writ of entry sur disseisin, in which the demandant claimed possession of a certain messuage in Boston, which was held by the tenant. Plea, the general issue ; which xvas joined.

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Writ of entry sur disseisin, in which the demandant claimed possession of a certain messuage in Boston, which was held by the tenant. Plea, the general issue ; which xvas joined. The parties stated the following facts. .In the year 1828, Cornelius Coolidge, of Boston, was duly taxed for the state, county and city taxes of that year, the sum of $673-16; which was the aggregate of the taxes assessed upon twenty-two distinct parcels of land, including the demanded premises, and upon his personal estate and poll. Each parcel of land was separately valued by the assessors, and the tax was assessed…

1Opinion of the Court

Shaw C. J.

delivered the opinion of the Court. In this action the Court is called upon to consider and decide upon the validity of the demandant’s title, and this depends upon the validity of a sale made at auction by the treasurer and collector of taxes, for the city of Boston. The grantor having no interest, professed to convey by virtue of a power, vested in him by law, to sell real estate under certain circumstances, for the payment of the arrears of taxes. It is obvious that to give effect to such a sale, it must appear that the *494case existed upon which the treasurer was authorized by law…

2Cited by1 opinion

  1. Cassidy v. Aroostook Hotels, Inc.Supreme Judicial Court of Maine · 1936

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