All Saints Parish v. Inhabitants of Brookline
Massachusetts Supreme Judicial Court
Two actions OP contract to recover back taxes assessed by the town of Brookline for the years 1897 and 1898 upon certain land owned by the plaintiff and paid under protest July 1,1898, and October 18, 1898, respectively.
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Two actions OP contract to recover back taxes assessed by the town of Brookline for the years 1897 and 1898 upon certain land owned by the plaintiff and paid under protest July 1,1898, and October 18, 1898, respectively. Writs dated July 6 and October 21, 1898. The cases were heard in the Superior Court, by Hardy, J., without a jury, upon the following agreed facts, subject, however, to all questions as to the competency and materiality of these facts, and upon the offer of proof hereinafter mentioned: The plaintiff made due demand for the repayment of the taxes before beginning its actions.…
1Opinion of the CourtKnowlton, J.
The land owned by the plaintiff at the comer of Beacon Street and Dean Road in Brookline, is in general *409dimensions equivalent to a lot a little more than two hundred feet square. It is now used, and is intended to be used, in connection with houses of religious worship erected upon it. On May 1, 1897, when the first tax in controversy was assessed, the plaintiff had not made the financial arrangements necessary to the commencement of the work of building its stone church, and on May 1, 1898, when the next tax was assessed, although sufficient money had been subscribed for that purpose, it had…
2Cases cited11 opinions
- Batman v. MegowanCourt of Appeals of Kentucky · 1859
- President & Fellows of Harvard College v. Assessors of CambridgeMassachusetts Supreme Judicial Court · 1900
- Richardson v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Boston Society of Redemptorist Fathers v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Trustees of the Chapel of the Good Shepherd v. City of BostonMassachusetts Supreme Judicial Court · 1876
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- Sears v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1915
- Shruhan v. City of RevereMassachusetts Supreme Judicial Court · 1937
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