Trow v. Berry
Massachusetts Supreme Judicial Court
Bill in equity filed August 17, 1871, to redeem land from a mortgage. The bill alleged that the plaintiff, February 14, 1837, was seised and possessed of a certain farm; that on that day, being indebted to Scotto Berry, Sen., in the sum of $1500, he made an absolute deed of the premises to him, for the purpose of securing the payment of the debt; that at the same time Berry gave him a bond of defeasance conditioned to re-convey the premises upon the payment of the debt and…
Read the full summary
Bill in equity filed August 17, 1871, to redeem land from a mortgage. The bill alleged that the plaintiff, February 14, 1837, was seised and possessed of a certain farm; that on that day, being indebted to Scotto Berry, Sen., in the sum of $1500, he made an absolute deed of the premises to him, for the purpose of securing the payment of the debt; that at the same time Berry gave him a bond of defeasance conditioned to re-convey the premises upon the payment of the debt and interest; that at that time the premises were subject to a mortgage to one Samuel Mixter to secure the payment of…
1Opinion of the CourtMorton, J.
This case was referred to a master, “ to hear the parties and state the facts and make report thereof to the court; ” and it now comes before us upon exceptions to the master’s report. It is the well settled practice that the report of a master upon questions of fact referred to him has substantially the weight of the verdict of a jury, and his conclusions are not to be set aside or modified without clear proof of error or mistake on his part. Dean v. Emerson, 102 Mass. 480.
The first exception to the master’s report is to his finding that on March 11, 1852, the plaintiff was the owner of the…
2Cases cited2 opinions
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Dean v. EmersonMassachusetts Supreme Judicial Court · 1869
3Cited by15 opinions
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Richards v. ToddMassachusetts Supreme Judicial Court · 1879
- Joyner v. Lenox Savings BankMassachusetts Supreme Judicial Court · 1947
- Montuori v. BailenMassachusetts Supreme Judicial Court · 1935
- Beiser v. Western German BankCourt of Appeals for the Sixth Circuit · 1909
10 more not listed; retrieve them via the Exa API.