O'Callaghan v. Lancy
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on December 9, 1902, under R. L. c. 13, § 75, to redeem certain real estate numbered 301 on Bunker Hill Street in that part of Boston called Charlestown from a sale made on December 30, 1897, by the collector of taxes of tbe city of Boston for non-payment of taxes for the year 1896. The case was heard by Braley, J.,' who made a decree that the plaintiffs or any of . them might redeem the premises described in the bill on…
Read the full summary
Bill in equity, filed in the Supreme Judicial Court on December 9, 1902, under R. L. c. 13, § 75, to redeem certain real estate numbered 301 on Bunker Hill Street in that part of Boston called Charlestown from a sale made on December 30, 1897, by the collector of taxes of tbe city of Boston for non-payment of taxes for the year 1896. The case was heard by Braley, J.,' who made a decree that the plaintiffs or any of . them might redeem the premises described in the bill on payment to the defendant or his attorney of record of the sum of $357.08, within sixty days from the entry of the decree,…
1Opinion of the CourtBarker, J.
The statutory provisions under which the bill is brought have been held by this court to have been “ enacted, not for the purpose of extending in every case the time of redemption from two to five years, but for the purpose of permitting the court to grant relief, at any time within five years from the taking or sale of the land, if the circumstances rendered it equitable.” O’Day v. Bowker, 143 Mass. 59, 62, 63. Widersum v. Bender, 172 Mass. 436. One of the common grounds of relief in equity is that the party who seeks the aid of the court has acted under and suffered loss through mistake,…
2Cases cited2 opinions
- O'Day v. BowkerMassachusetts Supreme Judicial Court · 1886
- Widersum v. BenderMassachusetts Supreme Judicial Court · 1899
3Cited by4 opinions
- Solis v. WilliamsMassachusetts Supreme Judicial Court · 1910
- Worcester North Savings Institution v. FarwellMassachusetts Supreme Judicial Court · 1935
- Holbrook v. BrownMassachusetts Supreme Judicial Court · 1913
- McNeil v. O'BrienMassachusetts Supreme Judicial Court · 1910