Elliott v. Balcom
Massachusetts Supreme Judicial Court
Petition by Issachar J. Elliott, Prince Davis and Lovan B Davis his wife, for leave to file a bill of review against Sumne Balcom and George W. Tourtellot.
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Petition by Issachar J. Elliott, Prince Davis and Lovan B Davis his wife, for leave to file a bill of review against Sumne Balcom and George W. Tourtellot. The petition alleged that on the 3d of October 1850 Gran’ and Ensign had certain real estate in Webster set off to then on execution against Sumner Bates, and on the 11th of Octobe. sold all their rights under that levy to Tourtellot; that Tourtel lot by quitclaim deeds for good consideration conveyed a par? of the premises to Elliott on the 2d of November, and anothe part to Lovan B. Davis on the 4th of December 1850 ; that on the 21st of…
1Opinion of the Court
Shaw, C. J.*
Treating this as a petition for a review upon the ground of a decree void for error in law upon the face of the decree, it is a question whether under all the circumstances, taking the whole record into consideration, it is so erroneous upon its face, that a bill of review should be granted upon that ground.
The bill of Balcom was a bill to redeem against Elliott and Tourtellot, averring both to be holders of the redeemable estate, and praying the court to ascertain the sum which the plaintiffs must pay to redeem, and to ascertain to whom the money *292should be paid. This bill was…
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- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
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