Kerslake v. Cummings
Massachusetts Supreme Judicial Court
Bill irr equity by the heirs at law of Thomas G. May, late of Fitchburg, and one claiming under certain of them, against the mortgagee from an assignee of a purchaser at a tax sale of certain real estate belonging before his death to Thomas- G. May, and thereafter alleged to have been sold for taxes illegally assessed, to compel the cancellation and discharge of the mortgage as a cloud upon the plaintiffs’ title, filed November 7,1899. In the Superior Court the case was…
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Bill irr equity by the heirs at law of Thomas G. May, late of Fitchburg, and one claiming under certain of them, against the mortgagee from an assignee of a purchaser at a tax sale of certain real estate belonging before his death to Thomas- G. May, and thereafter alleged to have been sold for taxes illegally assessed, to compel the cancellation and discharge of the mortgage as a cloud upon the plaintiffs’ title, filed November 7,1899. In the Superior Court the case was heard by Maynard, J., who made a decree declaring the mortgage to be void and a cloud on the title of the plaintiffs, and…
1Opinion of the Court
Holmes, C. J..This is a bill for the cancellation of a mortgage as a cloud upon the plaintiffs’ title. The case comes here by the defendants’ appeal from the final decree. It appears from the decree that the case was heard upon a written statement of certain facts agreed, which is referred to, and evidence which is set forth. There is no ground, therefore, for the plaintiffs’ suggestion that the only question is whether the decree follows the frame of the bill. The case is before us on the merits.
The mortgage referred to was given by the assignee of a tax title, and the main question is…
2Cases cited10 opinions
- Kirchgassner v. RodickMassachusetts Supreme Judicial Court · 1898
- Aikman v. . HarsellNew York Court of Appeals · 1885
- Smith v. ShawMassachusetts Supreme Judicial Court · 1889
- Southworth v. EdmandsMassachusetts Supreme Judicial Court · 1890
- Anthony v. AnthonyMassachusetts Supreme Judicial Court · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Burns v. . McCormickNew York Court of Appeals · 1922
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Boston Molasses Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1907
- Attorney General v. Vineyard Grove Co.Massachusetts Supreme Judicial Court · 1902
2 more not listed; retrieve them via the Exa API.