BRIAN MORGAN vs. CITY OF CHELSEA

On June 23, 1981 the Land Court entered a final decree in Tax Lien Case N. 57021 foreclosing all rights of redemption under a deed given by the Collector of Taxes for the City of Chelsea, dated February 1, 1977 and recorded with Suffolk Deeds, Book 8934, Page 244. Service by registered mail was had on Viola Morgan and Julia Morgan, the widow and daughter of the former deceased owner, Peter Morgan, Suffolk Probate No. 493300, but the interest of a son of Peter Morgan, the plaintiff, Brian Morgan, did not appear of record. Accordingly, he was not served by registered mail, but there was notice by publication. A petition to vacate the final decree was filed by Mr. Morgan on January 28, 1982, marked up for hearing on April 5, 1982 and continued to June 2, 1982 by reason of the plaintiff's incarceration in the Charles Street Jail. A hearing was held at the Court on June 2, 1982 at which the petition was denied.

The Court has been informed that Peter Morgan owned two properties in Chelsea, which were in tax title, that the Estate had insufficient moneys to redeem both properties, that the Estate, Viola A. Morgan and Brian Morgan each had an attorney, that the attorneys were aware of both tax title proceedings and that a decision was made to redeem the other property and allow the tax title proceedings in Case No. 57021 to be concluded in the City's favor. The Court also has learned that the premises have been sold at public auction to a third party. For these reasons, the Court declines to vacate its decree of June 23, 1981.

Judgment accordingly.