Barnstable Savings Bank v. City of Boston
Massachusetts Supreme Judicial Court
Petition, filed April 5, 1878, for a writ of mandamus to compel the city council and mayor of Boston to take a parcel of land in Boston, and to file a description thereof in the registry of deeds, and to compel the mayor to sign said description, and for further relief. The case was submitted to the judgment of this court upon an agreed statement of facts in substance as follows; The land in question is situated on Brown Street, in the Northampton Street District, in Boston.
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Petition, filed April 5, 1878, for a writ of mandamus to compel the city council and mayor of Boston to take a parcel of land in Boston, and to file a description thereof in the registry of deeds, and to compel the mayor to sign said description, and for further relief. The case was submitted to the judgment of this court upon an agreed statement of facts in substance as follows; The land in question is situated on Brown Street, in the Northampton Street District, in Boston. On May 30, 1872, this land was owned by Jonas B. Hildreth, who, on that day, mortgaged the same to the petitioner.…
1Opinion of the CourtColt, J.
Under the St. of 1873, e. 340, land of which the petitioner became absolute owner in April 1875 was assessed in February of the same year for the expense incurred by the city in raising the grade. The petitioner, after it became absolute owner, and within six months after the assessment was made, gave notice of its dissatisfaction, and that it surrendered the land agreeably to the provisions of the act. It is contended that the city was thereupon required to take the land, and file in the *256registry of deeds, within sixty days, a description of the same, together with a statement that it was…
2Cases cited2 opinions
- Farnsworth v. City of BostonMassachusetts Supreme Judicial Court · 1876
- Leavitt v. City of CambridgeMassachusetts Supreme Judicial Court · 1876
3Cited by1 opinion
- Taintor v. Mayor & Aldermen of CambridgeMassachusetts Supreme Judicial Court · 1908