Legal Opinion

McGauley v. Sullivan

Massachusetts Supreme Judicial Court

Decided October 17, 1899PublishedCited by 6 opinions

Writ of entry, to recover a parcel of land in Worcester. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the demandant by Gashill, J., to this court, on appeal, upon agreed facts, the nature of which appears in the opinion.

1Opinion of the CourtLoring, J.

The only question here is whether the demand-ant had the right to redeem from a tax sale under St. 1888, c. 390, § 57. The demandant was the devisee of one who at the time of the tax sale was a mortgagee of record; four months after the sale the testator foreclosed his mortgage and bought in the land at the foreclosure sale; he died without having had actual notice of the sale, and his devisee duly made the proper tender within two years after notice was brought home to her.

The tenant’s contention is, that the right of redemption given by the statute is given to the testator as mortgagee, and…

2Cases cited4 opinions

  1. Faxon v. WallaceMassachusetts Supreme Judicial Court · 1867
  2. O'Day v. BowkerMassachusetts Supreme Judicial Court · 1886
  3. Keith v. WheelerMassachusetts Supreme Judicial Court · 1893
  4. Stone v. StoneMassachusetts Supreme Judicial Court · 1895

3Cited by6 opinions

  1. Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1903
  2. Perry v. LancyMassachusetts Supreme Judicial Court · 1901
  3. Holbrook v. BrownMassachusetts Supreme Judicial Court · 1913
  4. Downey v. LancyMassachusetts Supreme Judicial Court · 1901
  5. Barry v. LancyMassachusetts Supreme Judicial Court · 1901

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