Lynde v. City of Malden
Massachusetts Supreme Judicial Court
Contract, by the purchaser of a parcel of land situated in the city of Malden, to recover back from the treasurer and collector of taxes of that city the price paid for the land, at a tax sale, together with interest. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows.
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Contract, by the purchaser of a parcel of land situated in the city of Malden, to recover back from the treasurer and collector of taxes of that city the price paid for the land, at a tax sale, together with interest. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows. The street commissioners of the city of Malden, being duly chosen and qualified, and having, under the St. of 1893, c. 377, the same authority as the mayor and board of aldermen, under the provisions of the Pub. Sts. c. 50, §§…
1Opinion of the CourtLathrop, J.
The plaintiff purchased of the treasurer and collector of taxes of the city of Malden a parcel of land in that city, and received a deed of the same. He seeks to recover back the price paid at the tax sale, together with interest, under the St. of 1888, c. 390, § 44, which provides as follows: “ If it should subsequently appear that, by reason of any error, omission, or informality in any of the proceedings of assessment or sale, the purchaser has no claim upon the property sold, there shall be paid to said purchaser, by the city or town whose collector executed said deed, upon his surrender…
2Cited by3 opinions
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