Legal Opinion

Flanders v. Hall

Massachusetts Supreme Judicial Court

Decided May 17, 1893PublishedCited by 3 opinions

Bill in equity, filed in the Superior Court on September 1, 1892, alleging that the plaintiff was the owner of four parcels of land in Chelsea; that upon each parcel there was a mortgage, the one on the first parcel having been given by the plaintiff to the defendant, and the latter claiming to be the assignee of the others; that on the second parcel there was also a prior mortgage, of which the defendant claimed to be the assignee, and under which he had entered into…

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Bill in equity, filed in the Superior Court on September 1, 1892, alleging that the plaintiff was the owner of four parcels of land in Chelsea; that upon each parcel there was a mortgage, the one on the first parcel having been given by the plaintiff to the defendant, and the latter claiming to be the assignee of the others; that on the second parcel there was also a prior mortgage, of which the defendant claimed to be the assignee, and under which he had entered into possession of the premises and taken the rents and profits; that the parcels were of greater value than the mortgages on them,…

1Opinion of the CourtKnowlton, J.

This case was heard on the bill and plea, the facts set out in the plea being taken as true. Perkins v. Nichols, 11 Allen, 542. American Carpet Lining Co. v. Chipman, 146 Mass. 385.

It appears from the plea that all the matters stated in the present bill have been heard on other bills between the same parties or their privies, arid that after decisions on the merits and the failure of the plaintiffs in those suits to avail themselves of their rights as determined and defined by the court, final decrees were entered dismissing the bills, with costs for the defendant. These decrees effectually…

2Cases cited3 opinions

  1. American Carpet Lining Co. v. ChipmanMassachusetts Supreme Judicial Court · 1888
  2. Stevens v. MinerMassachusetts Supreme Judicial Court · 1872
  3. Dennett v. CodmanMassachusetts Supreme Judicial Court · 1893

3Cited by3 opinions

  1. O'Brien v. LoganMassachusetts Supreme Judicial Court · 1920
  2. Rogers v. HendrickSupreme Court of Connecticut · 1912
  3. Dennett v. AtkinsMassachusetts Supreme Judicial Court · 1919

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