Biggerstaff v. Marston
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on July 22, 1893, for the cancellation of a mortgage of land in Chelsea and promissory note secured thereby, given by the plaintiff to Eben Hutchinson, and by the latter assigned to the defendant. At the hearing, a decree was ordered dismissing the bill; and the plaintiff appealed to this court. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The case is here upon appeal from a decree dismissing the bill, after a hearing upon the merits, the evidence having been taken under the rule and reported to the full court. There are no findings of fact and no rulings of law. We are to give due weight to the decision of the justice who heard the case, and unless his decree clearly appears to be erroneous it is to stand. Debinson v. Emmons, 158 Mass. 592, 593, and cases cited. If upon the evidence it was competent for him to find a state of facts which would justify his decree, we must assume that he has so found, and that the decree is the…
2Cases cited1 opinion
- Debinson v. EmmonsMassachusetts Supreme Judicial Court · 1893
3Cited by18 opinions
- Chase v. Commerce Trust Co.Supreme Court of Oklahoma · 1923
- Dickinson v. ToddMassachusetts Supreme Judicial Court · 1898
- Marling v. NommensenWisconsin Supreme Court · 1906
- Loizeaux v. FremderWisconsin Supreme Court · 1904
- Swasey v. EmersonMassachusetts Supreme Judicial Court · 1897
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