Jennings v. Demmon
Massachusetts Supreme Judicial Court
Bill in equity, substituted by amendment on March 8,1906, as of December 14, 1904, by the assignee by mesne conveyances from Alfred A. Marcus to establish an equitable mortgage upon certain real estate on Harvard Place in Boston, praying for an account and for a redemption.
Read the full summary
Bill in equity, substituted by amendment on March 8,1906, as of December 14, 1904, by the assignee by mesne conveyances from Alfred A. Marcus to establish an equitable mortgage upon certain real estate on Harvard Place in Boston, praying for an account and for a redemption. The bill alleged in substance that Marcus, having negotiated with one Millis for the purchase of the real estate named, arranged with the defendant to furnish the consideration and to take the title in his own name by a deed absolute in form but in fact as security for the amount of his advances upon terms which were more…
1Opinion of the CourtRugg, J.
This appeal brings before us the questions of fact as well as of law raised upon the trial in the Superior Court, and it becomes our duty to examine with care the evidence and determine the case according to our own judgment. But in reaching this determination, due weight is to be given to the decision of the trial judge and it is not to be set aside unless it appears to be clearly erroneous. Properly and necessarily, great consideration must be given to the conclusions of fact reached by the judge who hears the evidence, where it is in large part oral', for he has opportunities to pass upon…
2Cases cited2 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Graves v. HicksMassachusetts Supreme Judicial Court · 1906
3Cited by14 opinions
- Martell v. DoreyMassachusetts Supreme Judicial Court · 1920
- Hub Dress Manufacturing Co. v. RottenbergMassachusetts Supreme Judicial Court · 1921
- Old South Ass'n v. CodmanMassachusetts Supreme Judicial Court · 1912
- Staples v. MullenMassachusetts Supreme Judicial Court · 1907
- Carchidi v. KalayjianMassachusetts Supreme Judicial Court · 1928
9 more not listed; retrieve them via the Exa API.