Desmond v. Babbitt
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in Fitch-burg. Writ dated August 4, 1873. The case came before this court on an appeal by the defendant from a judgment of the Superior Court for the plaintiff, upon the following agreed facts : Both parties derive their title under Samuel P. Harrington, in whom was the fee of the land on April 1, 1849, and who continued the owner until he conveyed the estate to Francis H. Dewey, by deed of warranty, dated October 21,…
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Tort for breaking and entering the plaintiff’s close in Fitch-burg. Writ dated August 4, 1873. The case came before this court on an appeal by the defendant from a judgment of the Superior Court for the plaintiff, upon the following agreed facts : Both parties derive their title under Samuel P. Harrington, in whom was the fee of the land on April 1, 1849, and who continued the owner until he conveyed the estate to Francis H. Dewey, by deed of warranty, dated October 21, 1857, and recorded October 22, 1857, under which deed Dewey entered. Dewey conveyed the same to the plaintiff by deed of…
1Opinion of the CourtAmes, J.
At the time when the tax was assessed upon this lot of land, Harrington was neither the owner nor in possession of it. It was, therefore, an error to tax him for it. Gen. Sts. c. 11, § 8. Sargent v. Bean, 7 Gray, 125. Rossire v. Boston, 4 Allen, 57. It is true that he had been the owner up to a point of time about four and a half years preceding that time, and no direct notice had been given to the assessors that his interest in the property had come to an end. But under the statutes now in force, there is no doubt that in cases where there is no person ' in apparent occupation of a lot of…
2Cited by15 opinions
- City of Boston v. Quincy Market Cold Storage & Warehouse Co.Massachusetts Supreme Judicial Court · 1942
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Rexford v. . PhillipsSupreme Court of North Carolina · 1912
- Sweigle v. GatesNorth Dakota Supreme Court · 1900
- J. L. Hammett Co. v. Alfred Peats Co.Massachusetts Supreme Judicial Court · 1914
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