Model Lodging House Ass'n v. City of Boston
Massachusetts Supreme Judicial Court
Bill in equity for the assessment of damages. By St. 1868, a. 277, entitled “ An act for the abatement of a nuisance in the city of Boston, and for the preservation of the public health in said city,” it is provided that the city of Boston may take certain lands ; that the title of the lands so taken shall vest in the city, and that any person entitled to any estate in any part of the lands so taken may, “ as well in his own behalf as in behalf of all other persons ” having…
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Bill in equity for the assessment of damages. By St. 1868, a. 277, entitled “ An act for the abatement of a nuisance in the city of Boston, and for the preservation of the public health in said city,” it is provided that the city of Boston may take certain lands ; that the title of the lands so taken shall vest in the city, and that any person entitled to any estate in any part of the lands so taken may, “ as well in his own behalf as in behalf of all other persons ” having estates in the lands so taken, file a bill in equity in this court for the assessment of his damages. Under this statute…
1Opinion of the CourtMorton, J.
The principal question raised by the exceptions to the report of the commissioners is as to the validity of the sale made by Ellen B. Holden under the power contained in the mortgage from Fernald, of which she was the assignee.
For the purposes of this hearing, all the facts found by the commissioners are to be taken to be true, and we must therefore assume that the sale was made in good faith and without fraud. On the twenty-fifth day of May, 1870, Mrs. Holden, being the owner of the first two mortgages, entered upon the premises for the purpose of foreclosure, and on the twenty-seventh day…
2Cited by21 opinions
- Chartrand v. Newton Trust Co.Massachusetts Supreme Judicial Court · 1936
- Parrotta v. HedersonMassachusetts Supreme Judicial Court · 1944
- Butler v. IvesMassachusetts Supreme Judicial Court · 1885
- Donohue v. ChaseMassachusetts Supreme Judicial Court · 1881
- 146 Dundas Corp. v. Chemical BankMassachusetts Supreme Judicial Court · 1987
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