Rogers v. City of Lynn
Massachusetts Supreme Judicial Court
Contract against the city of Lynn to recover certain sums paid to the defendant for deeds of two parcels of land held by it as purchaser at sales of the premises under St. 1888, c. 390, § 48, for the collection of taxes. Writ in the Superior Court for the county of Essex dated November 9, 1904. The case was heard by Fessenden, J., upon an agreed statement of facts.
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Contract against the city of Lynn to recover certain sums paid to the defendant for deeds of two parcels of land held by it as purchaser at sales of the premises under St. 1888, c. 390, § 48, for the collection of taxes. Writ in the Superior Court for the county of Essex dated November 9, 1904. The case was heard by Fessenden, J., upon an agreed statement of facts. The following of the facts agreed upon are material: In 1896, 1897, 1898 and 1899 the defendant, under St. 1888, c. 390, § 48, became the purchaser in the name of its collector at properly conducted sales of real estate of one…
1Opinion of the CourtMorton, J.
In each instance before he paid the taxes which he now sues to recover back, the plaintiff had become the purchaser at a tax sale of the premises on which the taxes that he paid had been assessed, and had received from the collector deeds in proper form duly acknowledged which he had caused to be regularly recorded. In other words, by virtue of the tax deeds he had become the owner of the two parcels subject only to the liens which the defendant had for prior taxes, and to the right of the former owner to redeem. Butler v. Stark, 139 Mass. 19. O’Day v. Bowker, 143 Mass. 59, 62. Perry v.…
2Cases cited5 opinions
- Perry v. LancyMassachusetts Supreme Judicial Court · 1901
- Butler v. StarkMassachusetts Supreme Judicial Court · 1885
- O'Day v. BowkerMassachusetts Supreme Judicial Court · 1886
- Hillis v. O'KeefeMassachusetts Supreme Judicial Court · 1905
- Barry v. LancyMassachusetts Supreme Judicial Court · 1901
3Cited by11 opinions
- Animal Rescue League v. Assessors of BourneMassachusetts Supreme Judicial Court · 1941
- Conners v. City of LowellMassachusetts Supreme Judicial Court · 1911
- Solis v. WilliamsMassachusetts Supreme Judicial Court · 1910
- Welsh v. BriggsMassachusetts Supreme Judicial Court · 1910
- Inhabitants of Canton v. Livermore Falls Trust Co.Supreme Judicial Court of Maine · 1939
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