D'Olimpio v. Jancaterino

DOLAN, Justice. This is a petition for the registration and confirmation of title to land, brought under the provisions of G.L.(Ter.Ed.) c. 185. Title to the land was also claimed by the respondent, Jancoterino, a minor, through a next friend. The case was heard upon an 'agreed statement of facts' and now comes before us on the appeal of the respondent from the decision of the Judge that 'the petitioner has title proper for registration subject to a tax sale * * * [to the city of Quincy] for nonpayment of the taxes of 1929' now lawfully held by the respondent as an ordinary unforeclosed tax lien. Material facts are these: The premises in question are located in Quincy, and taxes for the year 1929 were assessed to three persons, who were trustees of the Bigelow Park Real Estate Trust, as owners or occupants of the land. The land consisted of lots numbered 56 to 60. The taxes for lots 59 and 60 were paid. Lots 56 to 58 were sold for nonpayment of taxes on September 2, 1931, and 'struck off' to one Ida M. Hodsdon. She failed to pay the sum offered by her, and the city collector, on September 25, 1931, deeded the premises to the city of Quincy. The deed was duly recorded. Under date of January 5, 1935, the commissioner of corporations and taxation made affidavit under the provisions of G.L.(Ter.Ed.) c. 60, § 79, as amended by St.1933, c. 325, § 14 (see now St.1935, c. 173, § 1), that, in his opinion, the values of certain parcels of land therein listed held by the city of Quincy 'under tax title deeds as hereinafter listed are insufficient to meet the taxes, interest and charges, and all subsequent taxes and assessments thereon, together with the expenses of a foreclosure of the rights of redemption. Upon the recording of this affidavit, you are authorized by the provisions of General Laws (Ter.Ed.) Chapter 60, Section 79, to sell all the parcels herein included, severally or together, at public auction to the highest bidder first giving notice as required by said section.' Included in the list were the parcels in question. The names of the persons upon whom demand was recited to have been made are given as 'Thomas Swithin et al.,' and the estimated present value of the premises as $1,000. In accordance with the authority thus conferred the city treasurer sold the premises at public auction on December 21, 1935, to the respondent, who was the highest bidder, for $150, and on the 28th day of December, 1935, deeded the premises to him. The deed was recorded in the proper registry of deeds on October 7, 1937, which was subsequent to the filing of the petition before us. One of the trustees of the Bigelow Park Real Estate Trust died on February 20, 1930, another on August 8, 1935, and the remaining trustee on January 20, 1937. On June 1, 1937, all of the trustees having deceased, the Probate Court for the county of Norfolk, on the petition of Domenico, the husband of the petitioner, appointed him and two other individuals trustees to fill the vacancies. On June 9, 1937, the trustees executed a quitclaim deed of the premises to the petitioner which was recorded on June 16, 1937. The petition before us was filed on August 31, 1937.