Legal Opinion

Kelly v. O'Rourke

Massachusetts Supreme Judicial Court

Decided February 26, 1919PublishedCited by 1 opinion

Petition, filed in the Land Court on November 28, 1916, for the registration of the title to certain land on Washington Street and Neshobie Road in Newton. The case was referred to a master and later was heard by Corbett, J., upon the master’s report and an exception of the petitioner thereto as stated in the opinion. The judge made a decree ordering that the master’s report be confirmed and that the petition be dismissed. The petitioner appealed.

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Petition, filed in the Land Court on November 28, 1916, for the registration of the title to certain land on Washington Street and Neshobie Road in Newton. The case was referred to a master and later was heard by Corbett, J., upon the master’s report and an exception of the petitioner thereto as stated in the opinion. The judge made a decree ordering that the master’s report be confirmed and that the petition be dismissed. The petitioner appealed. The only question raised by the appeal is stated in the opinion.

1Opinion of the CourtPierce, J.

This is a petition to register title to a parcel of land in the city of Newton. The petitioner claims title under certain deeds given by the collector of taxes of Newton in pursuance of sales for non-payment of taxes assessed upon said parcel for the years 1904 and 1905. The master to whom the case was referred found that in the case of each tax sale interest had been charged *169on the tax as assessed, and ruled that such interest charge was improper and the tax thereby invalid. The judge of the Land Court overruled the petitioner’s exceptions, confirmed the master’s report and ordered the…

2Cases cited2 opinions

  1. Shurtleff v. PotterMassachusetts Supreme Judicial Court · 1910
  2. Koch v. AustinMassachusetts Supreme Judicial Court · 1916

3Cited by1 opinion

  1. Wood v. WilsonMassachusetts Supreme Judicial Court · 1926

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