MILTON SAVINGS BANK v. UNITED STATES


345 Mass. 302 (1963)

187 N.E.2d 379

MILTON SAVINGS BANK & others vs. UNITED STATES OF AMERICA & another.

Supreme Judicial Court of Massachusetts, Plymouth.

January 7, 1963.


Attorney(s) appearing for the Case

Lawrence A. Sullivan (Henry P. Monaghan & William J. Conboy with him) for the petitioners Condon and for Savings Banks Association of Massachusetts, amicus curiae; John P. Curran, for Milton Savings Bank, also with him.

Joseph Kovner, Attorney, Department of Justice (Daniel B. Bickford, Assistant United States Attorney, & George F. Lynch, Attorney, Department of Justice, with him), for the United States.

Edward J. McCormack, Jr., Attorney General, William C. Ellis, Assistant Attorney General, & Joseph S. Ayoub, Assistant Attorney General, for the Director of the Division of Employment Security, submitted a brief.

James S. Ballantyne for Massachusetts Conveyancers Association, amicus curiae, submitted a brief.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.


WILKINS, C.J.

A judge of the Land Court granted this petition to amend two certificates of title to registered parcels of land by striking out tax liens of the respondents, the United States of America1 and the Commonwealth. The petitioners are Milton Savings Bank, the holder of two prior recorded mortgages, and Francis D. Condon and Margaret I. Condon, purchasers at foreclosure sales under the mortgages. The case is here on report. G...

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