Houle v. Abramson
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on November 4, 1910, alleging that on December 2, 1907, the defendant conveyed by a warranty deed to the plaintiff a parcel of land with buildings thereon situated on Bridge Street in Holyoke and numbered 524 and 526 on that street, that as a part of the purchase there passed to the plaintiff certain store fixtures and also one china closet and cabinet and a hot water heater used in the bath room on the second floor of the…
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Bill in equity, filed in the Superior Court on November 4, 1910, alleging that on December 2, 1907, the defendant conveyed by a warranty deed to the plaintiff a parcel of land with buildings thereon situated on Bridge Street in Holyoke and numbered 524 and 526 on that street, that as a part of the purchase there passed to the plaintiff certain store fixtures and also one china closet and cabinet and a hot water heater used in the bath room on the second floor of the building, that the china closet and cabinet were built in and attached to the building and were a part thereof, as also was the…
1Opinion of the CourtBraley, J.
The plaintiff not having appealed from the interlocutory decree overruling the exceptions of both parties to the master’s report, the questions raised by his exceptions are not open on his appeal from the final decree dismissing the bill, except so far as the final decree may have been erroneously affected by the interlocutory decree. R. L. c. 159, § 26. Cawley v. Jean, 189 Mass. 220. The master, however, not having been ordered to report the evidence, his findings of facts should not be set *85aside unless from- the report they appear to have been plainly wrong. The plaintiff, recognizing the…
2Cases cited5 opinions
- Holbrook v. ChamberlinMassachusetts Supreme Judicial Court · 1874
- Cawley v. JeanMassachusetts Supreme Judicial Court · 1905
- Hook v. BoltonMassachusetts Supreme Judicial Court · 1908
- Smith v. Bay State Savings BankMassachusetts Supreme Judicial Court · 1909
- Leonard v. StickneyMassachusetts Supreme Judicial Court · 1881
3Cited by4 opinions
- Reno v. CotterMassachusetts Supreme Judicial Court · 1921
- Wright v. MichelmanMassachusetts Supreme Judicial Court · 1923
- Phelps v. Lowell Institution for SavingsMassachusetts Supreme Judicial Court · 1913
- Natural Autoforce Ventilator Co. v. WinslowMassachusetts Supreme Judicial Court · 1913