Legal Opinion

Boland v. McKowen

Massachusetts Supreme Judicial Court

Decided December 1, 1905PublishedCited by 25 opinions

Contract by the surviving payee of a note made to the plaintiff and her husband Edward J. Boland and secured by a mortgage of real estate, to recover an instalment of interest due on the note. Writ dated March 15, 1905. The defendants admitted liability and paid the money into court,,and Edward J. Boland, Jr., executor under the will of the plaintiff’s late husband, intervened as a claimant. In the Superior Court the case was heard on an agreed statement of facts.

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Contract by the surviving payee of a note made to the plaintiff and her husband Edward J. Boland and secured by a mortgage of real estate, to recover an instalment of interest due on the note. Writ dated March 15, 1905. The defendants admitted liability and paid the money into court,,and Edward J. Boland, Jr., executor under the will of the plaintiff’s late husband, intervened as a claimant. In the Superior Court the case was heard on an agreed statement of facts. The petition of the claimant was dismissed, and judgment was ordered for the plaintiff. The claimant appealed.

1Opinion of the CourtKnowlton, C. J.

In 1894 certain real estate was conveyed to Edward J. Boland and Agnes Boland, these persons being husband and wife. In 1902 they conveyed the property to Catherine McKowen and took back from her, on the same day and as a part of the same transaction, a mortgage to secure a part of the purchase money. The mortgage runs to “ said Edward J. Boland and Agnes Boland and their heirs,” etc., and the note secured by it is payable in like manner to them jointly. Edward J. Boland having deceased, and the note remaining unpaid, the question before us is whether his widow, Agnes Boland, has a right to…

2Cases cited7 opinions

  1. Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
  2. Draper v. JacksonMassachusetts Supreme Judicial Court · 1820
  3. Shaw v. HearseyMassachusetts Supreme Judicial Court · 1809
  4. Phelps v. SimonsMassachusetts Supreme Judicial Court · 1893
  5. Appleton v. BoydMassachusetts Supreme Judicial Court · 1810

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3Cited by25 opinions

  1. Pineo v. WhiteMassachusetts Supreme Judicial Court · 1946
  2. Bernatavicius v. BernataviciusMassachusetts Supreme Judicial Court · 1927
  3. Coraccio v. Lowell Five Cents Savings BankMassachusetts Supreme Judicial Court · 1993
  4. Marble v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1923
  5. Licker v. GluskinMassachusetts Supreme Judicial Court · 1929

20 more not listed; retrieve them via the Exa API.

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