October 31, 1946. December 2, 1946. Present: FIELD, C.J., DOLAN, RONAN, WILKINS, SPALDING, JJ. Mortgage, Of real estate: to husband and wife, discharge. Tenants by the Entirety. Real Property, Tenancy by the entirety. Equity Pleading and Practice, Demurrer. Statement by RONAN, J., as to hearing of a suit in equity on the merits before hearing of a demurrer filed with the answer. It was irregular procedure to hear a suit in equity on the merits after a demurrer, filed with the answer, had been sustained
November 4, 1971. January 11, 1972. Present: TAURO, C.J., CUTTER, REARDON, BRAUCHER, HENNESSEY, JJ. Taxation, Real estate tax: taking, sale of land of low value, tax deed. Notice. Mortgage, Of real estate: mortgagee as owner, tax title. Deed, Description, Tax deed. A mortgagee of land not in possession is not entitled, as of right, to notice of a taking of the mortgaged property by a town for nonpayment of taxes pursuant to G.L.c. 60, §§ 53, 40, and must take some affirmative action to cause the
January 5, 1950. April 3, 1950. Present: QUA, C.J., RONAN, WILKINS, SPALDING, COUNIHAN, JJ. Negligence, Invited person, Gross, One owning or controlling real estate. A mortgagee under a mortgage in the statutory form, who went to the mortgaged premises to inspect them pursuant to an agreement that he might do so made with the mortgagor before the execution of the mortgage and merged therein, or as a result of an invitation by the mortgagor, for which there was no consideration, extended in conversations