(Download) "Thayer Et Al. v. Shorey" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Thayer Et Al. v. Shorey
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 29, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
RUGG, Chief Justice. This is an action of tort under G. L. (Ter. Ed.) c. 242, § 1. The plaintiffs claim the possession of certain premises and also damages alleged to have been caused by the failure of the defendant to pay taxes assessed thereon. The parties waived jury trial. The trial Judge ruled that the plaintiffs were entitled to judgment and reported the case. The facts are not in dispute. The premises in question were formerly the property of the defendant. In 1889 she conveyed them to one 'Whittemore, his heirs and assings' by deed containing these words: 'The grantor reserves to herself the right to occupy, rent, or improve the granted premises during her life.' Whittemore immediately conveyed the premises to Samuel D. Stone, who died in 1906 leaving the plaintiffs as his only heirs. This deed to Stone recited 'an incumbrance' in the deed from the defendant to Whittemore. The defendant failed to pay the taxes assessed on the premises for the year 1927. The premises were sold for nonpayment of these taxes to one Kumlin. In order to redeem the property, the plaintiffs paid to the collector of taxes the total of the accrued taxes, interest and statutory charges on December 17, 1931, and on the following day recorded their certificate of redemption. On December 28, 1931, the defendant recorded a deed of the premises to her from Kumlin dated December 1, 1931, and reciting 'Redemption under said tax sale is hereby made by the grantee herein.' The defendant admits that the plaintiffs had no knowledge of this latter deed at the time they recorded their certificate of redemption.