Tyler v. Brigham

This is a bill in equity, inserted in a wit, to redeem real estate from a mortgage given by the plaintiff to Francis Brigham in 1848. The writ is dated March 10, 1877, and service was made upon Brigham on May 17, 1877. Subsequently William P. Holden and Charles W. Holden were made parties defendant. Neither the writ nor a copy was deposited in the office of the clerk of the court until the entry in June, 1877, which must be taken as the time of the commencement of the suit. Gen. Sts. c. 140, § 24. At that time William P. Holden and Charles W. Holden were the owners of the mortgage and the…