Auger v. City of New Bedford

In the Superior Court the defendant’s demurrer to the plaintiffs’ amended declaration was sustained. The plaintiffs appealed from the order, “Judgment for the defendant.”

The first count sets out that the plaintiffs were mortgagees of certain real estate in New Bedford; that the mortgagor was one Bindas; that default was made by the mortgagor, and the plaintiffs, on September 23, 1927, “took possession of said land for the purpose of foreclosing said mortgage”; that the collector of taxes for the defendant city advertised the land for sale September 29, 1927, for nonpayment of taxes for the…