Legal Opinion

Wood v. Inhabitants of Westborough

Massachusetts Supreme Judicial Court

Decided January 5, 1886PublishedCited by 15 opinions

Bill in equity, filed February 7,1884, by William L. Wood, Sarah A. Collins, and Viola R. A. Belknap, against the town of Westborough, Charles Aldrich, and Abner Prentiss, and alleging the following facts : On April 6, 1877, the defendant Aldrich executed a mortgage of a parcel of land in Southborough to W. B. Wood, to secure a promissory note for $3140, to be paid in semiannual payments of $100 each, the first payment to be made in six months from said April 6. The…

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Bill in equity, filed February 7,1884, by William L. Wood, Sarah A. Collins, and Viola R. A. Belknap, against the town of Westborough, Charles Aldrich, and Abner Prentiss, and alleging the following facts : On April 6, 1877, the defendant Aldrich executed a mortgage of a parcel of land in Southborough to W. B. Wood, to secure a promissory note for $3140, to be paid in semiannual payments of $100 each, the first payment to be made in six months from said April 6. The plaintiffs are now, and have been since September 28, 1882, the holders and owners of said mortgage and the note secured…

1Opinion of the CourtDeyens, J.

As the St. of 1881, c. 110, (Pub. Sts. e. 49, § 110,) was remedial in its character, and was not intended to change any rights of parties, who, as mortgagors or mortgagees, had interests in land which had been taken for public purposes, but only to provide a more convenient mode of adjudicating and ad-, justing them, it would be applicable to proceedings begun after its passage, even if the land to which they related had been previously taken. One remedy may be taken away and another substituted therefor, although such legislation operates incidentally on existing rights. Simmons v. Hanover,…

2Cases cited2 opinions

  1. Farnsworth v. City of BostonMassachusetts Supreme Judicial Court · 1878
  2. Upham v. RaymondMassachusetts Supreme Judicial Court · 1882

3Cited by15 opinions

  1. State Ex Rel. State Highway Commission v. BurkOregon Supreme Court · 1954
  2. Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1896
  3. Reed Orchard Co. v. Superior CourtCalifornia Court of Appeal · 1912
  4. Johnson v. City of LowellMassachusetts Supreme Judicial Court · 1922
  5. Hill v. Mayor of BostonMassachusetts Supreme Judicial Court · 1907

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