Robinson v. Richards
| Decision Date | 19 June 1911 |
| Citation | 95 N.E. 790,209 Mass. 295 |
| Parties | ROBINSON et al. v. RICHARDS. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
C. W. Cushing, for petitioners.
Edward J. Fegan, for respondent.
This is a petition brought in the land court to register the title to a parcel of land in Dorchester formerly belonging to one Agnes F. Richards, who died during the pendency of the proceedings, and whose daughter, her only heir at law, was thereupon made party respondent in her place. The daughter also died, and was succeeded by her husband as her statutory heir, and he is now the party defending. We shall speak of Mrs. Richards as the respondent. The answer set up title in the respondent, and also alleged that a deed from her to the petitioner Robinson, which was relied on, had been procured from her by fraud and deceit on the part of Stark, the other petitioner, and asked to have it declared null and void. The land court found in favor of the petitioner. The respondent appealed to the superior court. Issues, in the form of questions, were framed in the land court and were submitted to a jury in the superior court. The jury answered the questions in favor of the respondent. Thereupon the issues with the answers thereto, were returned into the land court and upon a further hearing that court ruled that upon the uncontroverted facts found by it at the previous hearing and upon the facts found by the jury the respondent was entitled to have the deed avoided on the ground that it was procured by false representations, and ordered the petition to be dismissed. The petitioners duly excepted to the ruling and the exception thus taken presents the only question that is before us in relation to the case. We think that the ruling was right.
There was no dispute that the title was originally in Mrs Richards. In 1875 she had executed a mortgage on it to one Wall for $1,000, and in 1882 he assigned the mortgage to one Perry. Mrs. Richards never made any use of the land, and never paid any taxes on it and never paid anything on the mortgage, principal or interest. The mortgage never was foreclosed, and so far as appears no steps ever were taken to collect either principal or interest. From 1886 to 1895, inclusive, the land was assessed to 'Owners unknown, Agnes F. Richards probable owner, Francis A. Perry probable mortgagee.' In October, 1895, it was sold for nonpayment of taxes to one Frothingham who shortly after assigned his tax title to one Wyzanski, who took possession of the land under his tax deed, let it and paid the taxes on...
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