Keith v. Wheeler
Massachusetts Supreme Judicial Court
Writ of entry, dated December 5, 1892, to recover land in Boston. Plea nul disseisin, and title in the tenant. At the trial in the Superior Court the following facts were agreed upon. The demandant, being the owner in fee of the demanded premises, by deed duly recorded conveyed them to George It.
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Writ of entry, dated December 5, 1892, to recover land in Boston. Plea nul disseisin, and title in the tenant. At the trial in the Superior Court the following facts were agreed upon. The demandant, being the owner in fee of the demanded premises, by deed duly recorded conveyed them to George It. Gay, who, as part of the consideration, gave to the demandant a note and mortgage thereon for two thousand dollars, dated April 22, 1885. By deed of September 27, 1886, duly recorded, Gay conveyed the premises to George B. Haskell, subject to the taxes for 1886 and the mortgage, which he agreed to…
1Opinion of the CourtAllen, J.
By Pub.' Sts. c. 12, § 49, real estate which has been sold for taxes may be redeemed, when the person offering to redeem is a mortgagee of record, at any time within two years after he has actual notice of the sale. There are two principal questions in the case: 1st, whether the demandant is to be deemed to be a mortgagee of record; 2dly, whether he offered to redeem within two years after he had actual notice of the tax sales.
1. At the time of the tax sales the demandant was mortgagee of record, but the tenant contends that he lost that character by reason of the release to him from the…
2Cases cited3 opinions
- Factors' & Traders' Insurance v. MurphySupreme Court of the United States · 1884
- Lamb v. PierceMassachusetts Supreme Judicial Court · 1873
- Tucker v. CrowleyMassachusetts Supreme Judicial Court · 1879
3Cited by9 opinions
- Toupin v. PeabodyMassachusetts Supreme Judicial Court · 1895
- Stone v. StoneMassachusetts Supreme Judicial Court · 1895
- Dillon v. LangeMassachusetts Supreme Judicial Court · 1932
- McGauley v. SullivanMassachusetts Supreme Judicial Court · 1899
- McNeil v. O'BrienMassachusetts Supreme Judicial Court · 1910
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