Davis v. City of Boston
Massachusetts Supreme Judicial Court
Bill in equity, filed June 20, 1879, to quiet the plaintiff’s title to land in Boston. At the hearing before Ames, J., the following facts appeared: On July 1, 1871, Nathaniel Winsor, then the owner of a wharf, in Boston, mortgaged the same by deed of that date, duly recorded, to Francis Curtis and others, for $95,000; and, on January 1,1875, he made a second mortgage of the same estate, by deed duly recorded, to the plaintiff, for $30,000. On August 17.1875, Winsor, by an…
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Bill in equity, filed June 20, 1879, to quiet the plaintiff’s title to land in Boston. At the hearing before Ames, J., the following facts appeared: On July 1, 1871, Nathaniel Winsor, then the owner of a wharf, in Boston, mortgaged the same by deed of that date, duly recorded, to Francis Curtis and others, for $95,000; and, on January 1,1875, he made a second mortgage of the same estate, by deed duly recorded, to the plaintiff, for $30,000. On August 17.1875, Winsor, by an indenture duly recorded on December 15.1875, conveyed to Edward S. Tobey and others, trustees, in trust for his…
1Opinion of the CourtSoule, J.
On May 1, 1876, Curtis and others, the first mortgagees of the land described in the plaintiff’s bill, were the only persons to whom the tax on that land could be legally assessed, because they were mortgagees in possession. Gen. Sts. c. 11, § 8. The original tax for the year 1876 was therefore void, because it was not assessed to the proper person. A reassessment of the tax was within the authority of the assessors for the year 1877, if made in the just amount and to the person to whom the tax ought at first to have been assessed. Gen. Sts. a. 11, § 53. The attempted reassessment was-…
2Cases cited4 opinions
- Clouston v. ShearerMassachusetts Supreme Judicial Court · 1868
- Hall v. BlissMassachusetts Supreme Judicial Court · 1875
- Hubbard v. GarfieldMassachusetts Supreme Judicial Court · 1869
- Russell v. DeshonMassachusetts Supreme Judicial Court · 1878
3Cited by12 opinions
- City of Boston v. Quincy Market Cold Storage & Warehouse Co.Massachusetts Supreme Judicial Court · 1942
- Birmingham v. LesanSupreme Judicial Court of Maine · 1885
- City of Worcester v. BennettMassachusetts Supreme Judicial Court · 1941
- Jones v. NixonTennessee Supreme Court · 1899
- Smith v. SmithMassachusetts Supreme Judicial Court · 1889
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