Jennings v. Vahey
Massachusetts Supreme Judicial Court
Bill in equity, filed September 5, 1902, «to restrain the defendant from removing certain ranges from an apartment house on which the plaintiff held a mortgage. In the Superior Court Hardy, J. made certain findings which are quoted in the opinion, and ordered that the bill be dismissed. The plaintiff appealed.
1Opinion of the CourtKnowlton, C. J.
The plaintiff holds a title as mortgagee of an apartment house consisting of twenty-four apartments, in each of which is a kitchen range. The defendant made a contract with a predecessor in title of the plaintiff’s mortgagor, to set up these ranges, with a stipulation that the title to them should remain in him until they were paid for. As they have not been paid for, the defendant claims a right to take them out under his contract, and the plaintiff has brought this bill to enjoin him, contending that the ranges are a part of the real estate which passed to the plaintiff under his mortgage.…
2Cases cited9 opinions
- Pierce v. GeorgeMassachusetts Supreme Judicial Court · 1871
- Towne v. FiskeMassachusetts Supreme Judicial Court · 1879
- Wentworth v. S. A. Woods Machine Co.Massachusetts Supreme Judicial Court · 1895
- Boston Music Hall Ass'n v. CoryMassachusetts Supreme Judicial Court · 1880
- Hubbell v. East Cambridge Five Cents Savings BankMassachusetts Supreme Judicial Court · 1882
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3Cited by16 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Medford Trust Co. v. Priggen Steel Garage Co.Massachusetts Supreme Judicial Court · 1930
- Commercial Credit Corp. v. GouldMassachusetts Supreme Judicial Court · 1931
- Hook v. BoltonMassachusetts Supreme Judicial Court · 1908
- Knoxville Gas Co. v. W. I. Kirby & SonsTennessee Supreme Court · 1930
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