City of Lynn v. Lynn Commercial Realty Co.
Decision Date | 25 May 1934 |
Citation | 190 N.E. 538,286 Mass. 368 |
Parties | CITY OF LYNN v. LYNN COMMERCIAL REALTY CO. et al. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Land Court, Essex County; C. T. Davis, Judge.
Proceeding by City of Lynn against Lynn Commercial Realty Company and another to foreclose rights of redemption under tax title acquired by the city. From decisions adjudging that the tax title was valid, the respondents appeal.
Affirmed.
L. F. Davis and E. J. Canning, both of Lynn, for defendants.
Patrick F. Shanahan, City Sol., and J. M. Cashman, Asst. City Sol., both of Lynn, for plaintiff.
This is a petition brought in the Land Court by the city of Lynn for the foreclosure of rights of redemption under a tax title acquired by the petitioner for taxes assessed for the year 1929 on land of the Lynn Commercial Realty Company. G. L. (Ter. Ed.) c. 60, §§ 64-78. The Lynn Commercial Realty Company and Merton C. Grush, trustee, alleged mortgagee, questioned the validity of the petitioner's tax title on the ground of noncompliance with G. L. c. 60, § 16, as amended, which provides in part that ‘The collector shall, before selling the land of a resident, or non-resident, * * * for his tax, serve on him a statement of the amount thereof with a demand for its payment.’ G. L. c. 60, § 37, provides in part that ‘No tax title shall be held to be invalid by reason of any errors or irregularities in the proceedings of the collector which are neither substantial nor misleading.’ The judge of the Land Court made a decision in which he ruled that the tax title was not invalidated by error or irregularity in the demand. From this decision appeals were taken.
The decision of the Land Court contained the following findings and rulings: ...
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