James v. Lewis
Massachusetts Supreme Judicial Court
Bill in equity, filed March 29, 1904, praying (1) that the defendant be enjoined from foreclosing a mortgage upon the plaintiff’s homestead, and from collecting the principal and interest of another mortgage, both alleged to have been obtained from the plaintiff and delivered to the defendant through the fraud and forgery of one Edwin M. Thayer, the plaintiff receiving no consideration therefrom, (2) that the defendant be ordered to release and discharge the mortgage on the…
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Bill in equity, filed March 29, 1904, praying (1) that the defendant be enjoined from foreclosing a mortgage upon the plaintiff’s homestead, and from collecting the principal and interest of another mortgage, both alleged to have been obtained from the plaintiff and delivered to the defendant through the fraud and forgery of one Edwin M. Thayer, the plaintiff receiving no consideration therefrom, (2) that the defendant be ordered to release and discharge the mortgage on the plaintiff’s homestead, and to reassign the other mortgage to the plaintiff, and (3) for further relief. In the Superior…
1Opinion of the CourtMorton, J.
This is a case growing out of the fraud and wrongdoing of one Edwin M. Thayer. It comes here on the plaintiff’s appeal from a decree dismissing the bill with costs. The evidence was taken by a commissioner and is all before us. There were no rulings of law or special findings of fact, and the question for determination is whether if can be said as matter of law upon the whole case that there is no view of the evidence that properly could have been taken which warranted the decree. Dickinson v. Todd, 172 Mass. 183. Evans v. Strachan-Hanscom, 171 Mass. 64. This question resolves itself into two…
2Cases cited6 opinions
- Dickinson v. ToddMassachusetts Supreme Judicial Court · 1898
- Phelps v. SullivanMassachusetts Supreme Judicial Court · 1885
- Doyle v. CoreyMassachusetts Supreme Judicial Court · 1898
- Westlake v. DunnMassachusetts Supreme Judicial Court · 1903
- Fitzgerald v. BeckwithMassachusetts Supreme Judicial Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Old Corner Book Store v. UphamMassachusetts Supreme Judicial Court · 1907
- Hines v. Levers & Sargent Co.Massachusetts Supreme Judicial Court · 1917
- Pampegian v. RichmondMassachusetts Supreme Judicial Court · 1946
- Clare v. DobleMassachusetts Supreme Judicial Court · 1907