Crosier v. Kellogg
Massachusetts Supreme Judicial Court
Bill ik equity, filed in the Superior Court on April 10, 1910, by James Crosier and Mary H. Crosier, his wife, against Orre Anzellette Kellogg and Joseph Kellogg, her husband, to set aside a deed from the plaintiffs to the first named defendant conveying to her the plaintiffs’ homestead on East Street in Amherst subject to a right of occupation by the plaintiffs during their lives, praying for an order of reconveyance.
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Bill ik equity, filed in the Superior Court on April 10, 1910, by James Crosier and Mary H. Crosier, his wife, against Orre Anzellette Kellogg and Joseph Kellogg, her husband, to set aside a deed from the plaintiffs to the first named defendant conveying to her the plaintiffs’ homestead on East Street in Amherst subject to a right of occupation by the plaintiffs during their lives, praying for an order of reconveyance. The bill alleged that the defendants agreed with the plaintiffs that the defendants, upon the receipt and delivery of the deed in question, would come to reside in the dwelling…
1Opinion of the CourtBraley, J.
The order of reference did not require the master to report the evidence, but only such facts and questions of law as either party might request, and his findings of fact upon unreported evidence cannot be reviewed or revised on the exceptions taken by the plaintiffs to his report. East Tennessee Land Co. v. Leeson, 183 Mass. 37. Sawyer v. Commonwealth, 185 Mass. 356, 359. Taber v. Breck, 192 Mass. 355. Kennedy v. Welch, 196 Mass. 592, 594.
The motion to recommit, and that the evidence upon which the findings rested be reported, was addressed to the sound discretion of the trial judge, and…
2Cases cited7 opinions
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Woodbury v. WoodburyMassachusetts Supreme Judicial Court · 1886
- East Tennessee Land Co. v. LeesonMassachusetts Supreme Judicial Court · 1903
- Reed v. Mattapan Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1908
- Henderson v. FosterMassachusetts Supreme Judicial Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Cook v. ScheffreenMassachusetts Supreme Judicial Court · 1913
- American Stay Co. v. DelaneyMassachusetts Supreme Judicial Court · 1912
- Smith v. LloydMassachusetts Supreme Judicial Court · 1916
- Craig v. WarnerMassachusetts Supreme Judicial Court · 1914
1 more not listed; retrieve them via the Exa API.