Henderson v. Foster
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court August 6, 1901, to redeem, or for a reconveyance of certain real estate on the payment of certain indebtedness of the plaintiff to the defendant.
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Bill in equity, filed in the Superior Court August 6, 1901, to redeem, or for a reconveyance of certain real estate on the payment of certain indebtedness of the plaintiff to the defendant. Upon a hearing on a master’s report and exceptions thereto the Superior Court overruled the exceptions and confirmed the report, and, in accordance with the findings of the master, ordered that the plaintiff pay to the defendant within ninety days the sum of $9,702.43 with interest thereon from June 24, 1901, and that thereupon the defendant reconvey to the plaintiff the real estate described in the bill,…
1Opinion of the CourtKnowlton, C. J.
This bill presents two questions, both of which are answered by the authorities. The plaintiff filed a large number of exceptions to the master’s report, nearly all of which are founded on objections to findings of fact in regard to which there is no report of evidence. She also asked to have the report recommitted for a statement of the evidence. It is plain that the findings cannot be revised without the evidence, and it is equally plain that the motion to recommit was addressed to the discretion of the court. Ordinarily such a motion will not be granted in the absence of a special reason…
2Cases cited4 opinions
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
- Langmaid v. ReedMassachusetts Supreme Judicial Court · 1893
- Nichols v. ElaMassachusetts Supreme Judicial Court · 1878
- Freeland v. WrightMassachusetts Supreme Judicial Court · 1891
3Cited by14 opinions
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
- Cook v. ScheffreenMassachusetts Supreme Judicial Court · 1913
- Kilkus v. ShakmanMassachusetts Supreme Judicial Court · 1926
- Smith v. LloydMassachusetts Supreme Judicial Court · 1916
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