Abbott v. Frost
Massachusetts Supreme Judicial Court
Bill in equity, filed August 12, 1903, by the purchaser at a foreclosure sale under a mortgage of certain real estate in that part of Framingham called South Framingham, and by the mortgagee, to remove a cloud on the title of the first named plaintiff by setting aside a tax sale to the defendant alleged to be invalid.
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Bill in equity, filed August 12, 1903, by the purchaser at a foreclosure sale under a mortgage of certain real estate in that part of Framingham called South Framingham, and by the mortgagee, to remove a cloud on the title of the first named plaintiff by setting aside a tax sale to the defendant alleged to be invalid. The following facts among others were disclosed by the record: The tax sale was advertised to take place on August 16, 1902, and on that day was adjourned until August 23, 1902, when the sale took place. The collector’s deed to the defendant was dated September 15, 1902. The…
1Opinion of the CourtBraley, J.
Unless the sale of the premises described in the bill was invalid because the tax assessed had ceased to be a lien at the time of sale, the defendant’s title is good and the plaintiff Melissa Abbott has no title to be clouded. For all of the time covered by the several assessments the property was subject to a mortgage duly recorded, but neither the mortgagor nor mortgagee brought into the assessors any statement under St. 1882, c. 175, requiring them to ascertain and fix a value on the interest of each in the real estate, and in the absence of any compliance with this preliminary requirement…
2Cases cited12 opinions
- Emery v. Boston Terminal Co.Massachusetts Supreme Judicial Court · 1901
- Langley v. ChapinMassachusetts Supreme Judicial Court · 1883
- Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1903
- Worcester v. City of BostonMassachusetts Supreme Judicial Court · 1901
- Harrison v. DolanMassachusetts Supreme Judicial Court · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Alamogordo Improvement Co. v. HennesseeNew Mexico Supreme Court · 1936
- City of Lowell v. ArchambaultMassachusetts Supreme Judicial Court · 1905
- Collector of Taxes v. Revere Building, Inc.Massachusetts Supreme Judicial Court · 1931
- Blackstone Manufacturing Co. v. Inhabitants of BlackstoneMassachusetts Supreme Judicial Court · 1908
14 more not listed; retrieve them via the Exa API.