Legal Opinion
Fitzgerald v. Heady
Massachusetts Supreme Judicial Court
Decided October 13, 1916PublishedCited by 9 opinions
1Opinion of the CourtBraley, J.
The agreed facts on which the case is submitted show that the defendant refused "for seven days after request therefor and after a tender of his reasonable charges” to execute, acknowledge and deliver a deed of release prepared and tendered by the plaintiff of a mortgage on the plaintiff’s real property running to his intestate, but which in her lifetime had been fully paid and the promissory note thereby secured surrendered to the mortgagor. The undischarged mortgage -undoubtedly was a cloud on the plaintiff’s title, which under the circumstances the defendant, notwithstanding the objections…
2Cases cited14 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Sears v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1913
- Wheeler v. HansonMassachusetts Supreme Judicial Court · 1894
- Consolidated Hand-Method Lasting Machine Co. v. BradleyMassachusetts Supreme Judicial Court · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
- Malloy v. CarrollMassachusetts Supreme Judicial Court · 1934
- New York Central Railroad Co. v. William Culkeen & Sons Co.Massachusetts Supreme Judicial Court · 1924
- Magaw v. BealsMassachusetts Supreme Judicial Court · 1930
4 more not listed; retrieve them via the Exa API.