Boston & Fairhaven Iron Works v. Montague
Massachusetts Supreme Judicial Court
Two BILLS IN equity ; the first, filed in this county J anuary 4, 1870, by the mortgagees against the mortgagors, to foreclose $. mortgage of personal property; the second, filed in Suffolk May 17, 1870, by the mortgagors against the mortgagees, for an account and to redeem the property from the same mortgage.
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Two BILLS IN equity ; the first, filed in this county J anuary 4, 1870, by the mortgagees against the mortgagors, to foreclose $. mortgage of personal property; the second, filed in Suffolk May 17, 1870, by the mortgagors against the mortgagees, for an account and to redeem the property from the same mortgage. To each the defendants demurred, on the ground that the plaintiffs had a plain, adequate and complete remedy at law ; and ihe material facts appeared as follows: On February 20, 1866, Charles Montague and Charles W. L. Montague, partners under the firm of Montague & Company, were owing…
1Opinion of the CourtMobton, J.
The equity jurisdiction of this court is created and limited by statute. The statutes provide that the court may hear and determine in equity, in cases where the parties have not a plain, adequate and complete remedy at the common law, “ suits for the redemption of mortgages, or to foreclose the same; ” and also, after enumerating various other heads of jurisdiction which do not apply to this case, that the court “ shall have full equity jurisdiction, according to the usage and practice of courts of equity, in all other cases where there is not a plain, adequate and complete remedy at law.”…
2Cases cited1 opinion
- Hart v. EyckNew York Court of Chancery · 1816
3Cited by9 opinions
- San Pedro Lumber Co. v. ReynoldsCalifornia Supreme Court · 1898
- Weeks v. BakerMassachusetts Supreme Judicial Court · 1890
- Loggie v. ChandlerSupreme Judicial Court of Maine · 1901
- Stewart v. StevensSupreme Court of Colorado · 1887
- Bushnell v. AveryMassachusetts Supreme Judicial Court · 1876
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