Sheehan Const. Co. v. Dudley Book Reviews

Sheehan Const. Co. v. Dudley by Supreme Judicial Court of Massachusetts Book Summary

RUGG, Chief Justice. After the denial of the motion of the demandant to dismiss the appeal, Mass., 12 N.E.2d 180, the writ of entry was argued on its merits. The history of the title is set forth to some extent in the opinion of this court when the motion to dismiss the appeal was considered. The demandant asserts title through a deed of the premises from William F. Hayes to it dated April 21, 1934, and duly recorded. Hayes derived his title by deed from Alice C. Barry dated April 5, 1933, and duly recorded. Alice C. Barry acquired her title under a foreclosure deed. As assignee of a mortgage on the demanded premises she sold the same to herself at a foreclosure sale under the power in the mortgage and gave to herself a foreclosure deed dated April 13, 1932, which was duly recorded. Shortly thereafter, she brought a writ of summary process in the appropriate district court against the present tenant. That proceeding was tried on appeal in the Superior Court and came to this court, where it was held that 'the direction of a verdict for the plaintiff in the superior court, on appeal from a district court, was right upon the conceded facts. Barry v. Dudley, 282 Mass. 258, 184 N.E. 815, 816. Thus it appears that the demandant is the owner of the record title to the demanded premises. The findings of fact made by the Judge of the Land Court, unless tainted by some error of law, must be accepted as final. Commercial Credit Co. v. M. McDonough Co., 238 Mass. 73, 78, 130 N.E. 179; Moss v. Old Colony Trust Co., 246 Mass. 139, 143, 140 N.E. 803.

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