Freeman v. Creech
Massachusetts Supreme Judicial Court
Writ of entry to recover land in Boston. It appeared from an agreed statement of facts that both parties claimed title from one Wentworth ; that one McNiel sued Wentworth an action of contract, and attached the land in question; that, after the attachment, Wentworth mortgaged the premises ; that the mortgage title by assignment came to the demandant; that after the making of the mortgage McNiel filed an amended declaration containing additional counts; that it did not appear…
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Writ of entry to recover land in Boston. It appeared from an agreed statement of facts that both parties claimed title from one Wentworth ; that one McNiel sued Wentworth an action of contract, and attached the land in question; that, after the attachment, Wentworth mortgaged the premises ; that the mortgage title by assignment came to the demandant; that after the making of the mortgage McNiel filed an amended declaration containing additional counts; that it did not appear upon the record that the original and the amended declaration were for the same cause of action; that the case was…
1Opinion of the Court
By the Court.
The demandant, as subsequent purchaser, ia not shown to have had any notice of the amendment of the declaration in the action in which the attachment was made under which the tenant claims title. It does not appear on the face of the original and amended declarations that they were for the same cause of action, and oral evidence is therefore admissible *181to show whether they were or were not. It being admitted, if legally provable by such evidence, that claims not included in the original declaration were included in the amended declaration, and in the award and judgment and levy…
2Cited by11 opinions
- Driscoll v. HoltMassachusetts Supreme Judicial Court · 1898
- Maya Corporation v. SmithDistrict Court, D. Delaware · 1929
- Michelin Tire Co. v. BentelCalifornia Supreme Court · 1920
- Prince v. ClarkMassachusetts Supreme Judicial Court · 1879
- Batchelder v. PierceMassachusetts Supreme Judicial Court · 1898
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