Garden Cemetery Corp. v. Baker
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 16, 1911, praying that sales of the plaintiff’s cemetery by the collector of taxes of the city of Chelsea for the payment of taxes assessed in 1902 and 1903 for street watering should be set aside as invalid, or that, if they should be adjudged to have been valid, the plaintiff should be permitted to redeem.
Read the full summary
Bill in equity, filed in the Superior Court on June 16, 1911, praying that sales of the plaintiff’s cemetery by the collector of taxes of the city of Chelsea for the payment of taxes assessed in 1902 and 1903 for street watering should be set aside as invalid, or that, if they should be adjudged to have been valid, the plaintiff should be permitted to redeem. The suit was heard, by Jenney, J., who found the following among other facts: The plaintiff was incorporated under St. 1841, c. 1141' The land owned and maintained by it as a cemetery in Chelsea is about three and one half acres. The…
1Opinion of the CourtRtjgg, C. J.
This is a bill in equity to remove a cloud on the title to land created by tax sales and deeds alleged to be invalid. Relief may be granted in appropriate cases for that cause under the general principles of equity. Smith v. Smith, 150 Mass. 73. The bill also contains apt allegations and prayers for redeeming from these sales under R. L. c. 13, § 75, as amended by St. 1905, c. 325, § 3 (now St. 1909, c. 490, Part II, § 76) provided the tax sales are held to be valid. Barker v. Mackay, 168 Mass. 76. No objection has been or rightly could be made to joining these two grounds for an equitable…
2Cases cited24 opinions
- White v. GoveMassachusetts Supreme Judicial Court · 1903
- Mayor of Baltimore v. Proprietors of Green Mount CemeteryCourt of Appeals of Maryland · 1855
- Trustees of Phillips Academy v. Inhabitants of AndoverMassachusetts Supreme Judicial Court · 1900
- Sears v. Board of AldermenMassachusetts Supreme Judicial Court · 1899
- Clapp v. WilderMassachusetts Supreme Judicial Court · 1900
19 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Humble Oil & Refining Co. v. Sun Oil Co.Court of Appeals for the Fifth Circuit · 1951
- Sweeney v. Morey & Co.Massachusetts Supreme Judicial Court · 1932
- Reno v. CotterMassachusetts Supreme Judicial Court · 1921
- Murphy v. HanrightMassachusetts Supreme Judicial Court · 1921
19 more not listed; retrieve them via the Exa API.