Legal Opinion

Pixley v. Pixley

Massachusetts Supreme Judicial Court

Decided October 15, 1895PublishedCited by 4 opinions

Tort, for breaking and entering the plaintiff’s close in West Stockbridge and digging up the soil, scattering lumber upon the same, and tearing down and removing stone walls and fences.

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Tort, for breaking and entering the plaintiff’s close in West Stockbridge and digging up the soil, scattering lumber upon the same, and tearing down and removing stone walls and fences. At the trial in the Superior Court, without a jury, before Maynard, J., no question was made as to the plaintiff’s title to and possession of the premises, and right to damages for the alleged trespasses, except that the defendants justified in virtue of a deed from one George N. Wilson, tax collector of the town, to James S. Moore, dated May 12, 1888, and of a quitclaim deed from Moore to the defendants,…

1Opinion of the CourtKnowltox, J.

The only question in this case is whether the collector’s deed is fatally defective for want of a sufficient statement of the cause of the sale of the real estate. Such a statement is required by Pub. Sts. c. 12, § 38, and this requirement has been construed with considerable strictness. Harrington v. Worcester, 6 Allen, 576. Reed v. Crapo, 127 Mass. 39. Langdon v. Stewart, 142 Mass. 576. But the deed before us differs materially from any of those which have been held to be void for want of proper recitals. While it does not follow the exact words of the legislative form for a collector’s…

2Cases cited3 opinions

  1. Reed v. CrapoMassachusetts Supreme Judicial Court · 1879
  2. Adams v. MillsMassachusetts Supreme Judicial Court · 1879
  3. Langdon v. StewartMassachusetts Supreme Judicial Court · 1886

3Cited by4 opinions

  1. Railway Co. v. DavisWest Virginia Supreme Court · 1906
  2. Abbott v. FrostMassachusetts Supreme Judicial Court · 1904
  3. Charland v. Trustees of the Home for Aged WomenMassachusetts Supreme Judicial Court · 1910
  4. Lancy v. SnowMassachusetts Supreme Judicial Court · 1902

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