Perry v. Lancy
Massachusetts Supreme Judicial Court
Writ op ENTRY to recover a certain parcel of land on Marsh Street in that part of Boston called Dorchester, dated September 13,1899. In the Superior Court the case was heard by Bráley, J., on an agreed statement of facts substantially as follows : The tenant claimed title to the premises by a tax deed duly recorded, and it was agreed that all of the proceedings of the assessment and sale were valid, and that the sale took place on October 12, 1893. The demandant waived all…
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Writ op ENTRY to recover a certain parcel of land on Marsh Street in that part of Boston called Dorchester, dated September 13,1899. In the Superior Court the case was heard by Bráley, J., on an agreed statement of facts substantially as follows : The tenant claimed title to the premises by a tax deed duly recorded, and it was agreed that all of the proceedings of the assessment and sale were valid, and that the sale took place on October 12, 1893. The demandant waived all claim to damages. It was agreed that on January 21, 1897, the demandant was the holder of a recorded mortgage upon the…
1Opinion of the CourtHolmes, C. J.
This is a writ of entry brought by a party having the fights of a mortgagee of record, McGauley v. Sullivan, 174 Mass. 303, against the holder of a tax title, on the ground that his title has been brought to an end. St. 1888, c. 390, § 57. The case is before us upon agreed facts, and it appears that the tenant has had no possession of the premises other than arises by force of law from his tax title. The first defence is based on this fact. The demandant learned of the tax title for the first time on January 21, 1897. It would seem that the tenant resorted to devices which have become…
2Cases cited2 opinions
- Schayer v. Commonwealth Loan Co.Massachusetts Supreme Judicial Court · 1895
- McGauley v. SullivanMassachusetts Supreme Judicial Court · 1899
3Cited by11 opinions
- Kurtigian v. City of WorcesterMassachusetts Supreme Judicial Court · 1965
- Thomas G. Jewett, Jr. Inc. v. Keystone Driller Co.Massachusetts Supreme Judicial Court · 1933
- Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1903
- Rogers v. NicholsMassachusetts Supreme Judicial Court · 1904
- Solis v. WilliamsMassachusetts Supreme Judicial Court · 1910
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