O'Brien v. Joyce
Massachusetts Supreme Judicial Court
Writ of entry, dated May 1,1873, to recover a certain tract of land, with the buildings thereon, in Somerville. Plea, nul disseisin.
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Writ of entry, dated May 1,1873, to recover a certain tract of land, with the buildings thereon, in Somerville. Plea, nul disseisin. Trial in the Superior Court, before Bacon, J., without a jury, who allowed a bill of exceptions in substance as follows : The demandants are the minor children of John O’Brien, suing by their guardian and next friend, Mary O’Brien ; and in proof of. their title they put in evidence a deed of the demanded premises from one Seavey to John O’Brien, dated February 7, 1852, recorded June 17, 1852; also a deed from O. S. Knapp to the demandants, dated January 14,…
1Opinion of the CourtWells, J.
Upon the statements of this bill of exceptions, we do not see why the sale for taxes did not pass to Knapp, the purchaser, the whole title to the land, including the improvements. After the right to redeem had expired, Knapp conveyed, by deed of release, to the demandants. The case shows no irregularity or invalidity in the proceedings. There is nothing in the case to require us to construe the deed from Knapp as a mere discharge of a lien, upon payment and redemption; especially against the finding of the court below.
If the demandants recover upon their title as heirs of John O’Brien, we…
2Cases cited1 opinion
- Wales v. CoffinMassachusetts Supreme Judicial Court · 1868
3Cited by5 opinions
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- Daggett v. TracyMassachusetts Supreme Judicial Court · 1880