Dwelley v. Dwelley
Massachusetts Supreme Judicial Court
Bill in equity, filed December 17, 1883, to restrain tbe defendant from selling by auction, in pursuance of a power contained in a mortgage from tbe plaintiff to tbe defendant, several parcels of land in Pembroke. A preliminary injunction was issued. Tbe answer alleged that tbe condition of the mortgage was broken.
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Bill in equity, filed December 17, 1883, to restrain tbe defendant from selling by auction, in pursuance of a power contained in a mortgage from tbe plaintiff to tbe defendant, several parcels of land in Pembroke. A preliminary injunction was issued. Tbe answer alleged that tbe condition of the mortgage was broken. Tbe case was referred to a master, who found tbe following facts: About tbe beginning of tbe year 1879, or earlier, tbe defendant and her brother, Charles Dwelley, since deceased, requested tbe plaintiff to enter into an arrangement for their maintenance and support during their…
1Opinion of the CourtGardner, J.
The defendant and her brother conveyed several tracts of land to the plaintiff, taking back a mortgage conditioned for their support and maintenance during their natural lives, as provided in a certain bond. The bond does not specifically require that the support and maintenance shall be furnished only at the dwelling-house mentioned in the same. The defendant contends that the contract is entitled to a liberal construction in her favor, and that she is entitled to the benefit of all reasonable doubts as to the meaning of the terms used, and that such has been the general current of authority…
2Cases cited2 opinions
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- Craven v. BleakneySupreme Court of Pennsylvania · 1839
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- Illinois Fuel Co. v. Mobile & Ohio RailroadSupreme Court of Missouri · 1928
- Baker v. BrownMassachusetts Supreme Judicial Court · 1888
- Cummings v. TolmanMassachusetts Supreme Judicial Court · 1935
- Davis & Rankin v. HendrixMissouri Court of Appeals · 1894
- Webster v. MajorIndiana Court of Appeals · 1904
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