Shurtleff v. Potter
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on September 22, 1906, for registration of the title to a tract of land on the northeasterly side of Windsor Street in that part of Boston called Roxbury. In the Land Court the case was referred to Henry M. Spelman, Esquire, as master. Later the case was heard by Davis, J., upon the master’s report and exceptions thereto, and also on certain evidence introduced by the respondent, which was uncontroverted and which the judge found to be true.
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Petition, filed in the Land Court on September 22, 1906, for registration of the title to a tract of land on the northeasterly side of Windsor Street in that part of Boston called Roxbury. In the Land Court the case was referred to Henry M. Spelman, Esquire, as master. Later the case was heard by Davis, J., upon the master’s report and exceptions thereto, and also on certain evidence introduced by the respondent, which was uncontroverted and which the judge found to be true. The respondent claimed under two tax deeds given respectively under sales for the non-payment of taxes assessed for the…
1Opinion of the CourtLoring, J.
It is conceded that the petitioner must prevail unless one of the two tax titles set up by the respondent is valid.
The Land Court ruled (1) that the tax title based on the assessment in 1892 was invalid because the sale was advertised in two newspapers in place of one newspaper, and the expense of that advertisement was added to the amount of the tax; and (2) that the tax title based on the assessment in 1895 was invalid because the amount of the tax was in fact $44.80, while in the notice of sale it was stated to be $44.30.
As to the tax title based on the assessment in 1892: The act in force…
2Cases cited4 opinions
- Charland v. Trustees of the Home for Aged WomenMassachusetts Supreme Judicial Court · 1910
- Knowlton v. MooreMassachusetts Supreme Judicial Court · 1883
- Lancy v. SnowMassachusetts Supreme Judicial Court · 1902
- Hurd v. City of MelroseMassachusetts Supreme Judicial Court · 1906
3Cited by6 opinions
- City of Boston v. BarryMassachusetts Supreme Judicial Court · 1944
- City of Fall River v. Conanicut MillsMassachusetts Supreme Judicial Court · 1936
- Feeney v. Eastern Racing Ass'nMassachusetts Supreme Judicial Court · 1939
- Wood v. WilsonMassachusetts Supreme Judicial Court · 1926
- Koch v. AustinMassachusetts Supreme Judicial Court · 1916
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