(Download) "City Boston v. Lynch Et Al." by Supreme Court of Minnesota * eBook PDF Kindle ePub Free

June 12, 2021

eBook details

Title: City Boston v. Lynch Et Al.
Author : Supreme Court of Minnesota
Release Date : January 08, 1939
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

LUMMUS, Justice. This is a petition to foreclose rights of redemption under tax titles acquired by the petitioner in 1932 G.L.(Ter.Ed.) c. 60, 65, as amended by St. 1933, c. 325, 12 and St. 1938, c. 305. In general the practice in such a proceeding conforms to the practice in land registration. G.L.(Ter.Ed.) c. 60, 75, as amended by St. 1936, c. 189, 1. The respondents, claiming an interest in the land, contested the validity of the tax titles, and claimed an appeal from a decision that the tax titles were valid. The decision expressly failed to deal with an offer by a mortgagee to redeem from the tax title as to one parcel. Questions of law arising in the land court on any decision or decree may be taken by any party aggrieved directly to the supreme judicial court for revision in the same manner in which questions of law are taken to that court from the superior court. G.L.(Ter.Ed.) c. 185, 15. An appeal by a party aggrieved by any order decisive of the case founded upon matter of law apparent on the record is thus made possible. G.L.(Ter.Ed.) c. 231, 96, 142. Such an appeal raises only questions of law, but the facts stated in the decision of the Land Court are generally deemed part of the record. Sheehan Construction Co. v. Dudley, Mass., 12 N.E.2d 180; McCarthy v. Lane, Mass., 16 N.E.2d 683. The statute (section 96) provides that no appeal * * * shall be entered in the supreme judicial court until the case is in all other respects ripe for final Disposition by the superior [on this case, land] court. That states the general rule of appellate practice. But where within one proceeding there are separable controversies wholly independent of each other, an appeal in one need not await the determination of the other. Each is a case within the statute. Fuller v. Chapin, 165 Mass. 1, 42 N.E. 115; Joyce v. Dyer, 189 Mass. 64, 75 N.E. 81, 109 Am.St.Rep. 603; Kingsley v. Fall River, 280 Mass. 395, 399, 400, 182 N.E. 841, and cases cited. In this instance the question of redemption could hardly be dealt with until the validity of the tax titles had been determined. Lexington v. Ryder, Mass., 6 N.E.2d 828. The appeal is properly before us.