Montague v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Bill in equity against the Boston and Albany Railroad Company, and Henry K. Oliver and others, commissioners of the sinking fund of the Western Railroad Corporation, to redeem three adjoining parcels of land in Boston from certain mortgages, and for an account.
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Bill in equity against the Boston and Albany Railroad Company, and Henry K. Oliver and others, commissioners of the sinking fund of the Western Railroad Corporation, to redeem three adjoining parcels of land in Boston from certain mortgages, and for an account. The case was referred to a master to state the account, under an agreement of parties that the defendant corporation should pay to the plaintiff all sums that should be found due from any of the defendants; and that, upon such payment, the bill should be dismissed as to them. The master found that there was due the plaintiff the sum of…
1Opinion of the Court
.Ekdicott, J.
A brief statement of facts, and of the circumstances under which this bill is brought, may tend to simplify and make intelligible the long and confused record presented to us, and to indicate more clearly the questions we are called upon to decide.
The bill seeks to redeem certain real estate held by the defendant corporation. In 1846, Thomas J. Lobdell, under whom the plaintiff claims a right to redeem, assigned to the Western Railroad Corporation, as security for the payment of his own note, four notes and the mortgages of real estate by which they were secured. One of these…
2Cases cited6 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- The Floyd AcceptancesSupreme Court of the United States · 1869
- Cooke v. United StatesSupreme Court of the United States · 1875
- United States v. Bank of the MetropolisSupreme Court of the United States · 1841
- United States v. BarkerSupreme Court of the United States · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hosford v. JohnsonIndiana Supreme Court · 1881
- Lamson & Co. v. AbramsMassachusetts Supreme Judicial Court · 1940
- Meehan v. North Adams Savings BankMassachusetts Supreme Judicial Court · 1939
- City Institution for Savings v. KelilMassachusetts Supreme Judicial Court · 1928
- E. Kronman, Inc. v. Bunn Bros.Massachusetts Supreme Judicial Court · 1929
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