Barker v. Mackay
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in Boston. Trial in the Superior Court, before Bell, J., who allowed a bill of exceptions, in substance as follows.
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Writ of entry to recover a parcel of land in Boston. Trial in the Superior Court, before Bell, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to show that the land in question was, on October 3,1889, conveyed to the demandant by one O’Connor; that on September 17, 1890, it was sold by public auction to the tenant for the non-payment of the taxes assessed thereon for 1889; that the demandant, within two years after the sale, tendered to the tenant the amount due for the unpaid taxes; and that from October 3, 1889, until July, 1895, the demandant was…
1Opinion of the CourtMorton, J.
This is a writ of entry to recover certain premises held by the tenant by a tax title. There was evidence of a tender by the demandant of the amount due as required by the St. 1888, c. 390, § 57, within two years after the sale. There was a verdict for the demandant, and the case comes here on exceptions by the tenant to certain rulings by the presiding justice and to the admission of certain testimony.
We shall consider only the exceptions on which the tenant relied at the argument before us, treating the others as waived.
The tenant contends in the first place that the demandant’s remedy is…
2Cases cited3 opinions
- Arnold v. SpurrMassachusetts Supreme Judicial Court · 1881
- Clark v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
- Barker v. MackayMassachusetts Supreme Judicial Court · 1897
3Cited by6 opinions
- Gordon v. O'BrienMassachusetts Supreme Judicial Court · 1947
- Hannon v. SchwartzMassachusetts Supreme Judicial Court · 1939
- Harvey v. SquireMassachusetts Supreme Judicial Court · 1914
- McGonigle v. Victor H. J. Belleisle Co.Massachusetts Supreme Judicial Court · 1904
- Bloustein v. ShindlerMassachusetts Supreme Judicial Court · 1920
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