Long v. Richards
Massachusetts Supreme Judicial Court
Bill in equity, filed April 16, 1889, in the Superior Court, by the second mortgagee of land in Hull, against Albin M. Richards, to redeem the same from the first mortgage. The plaintiff having died, the executrix of his will was allowed to come in and prosecute the suit. William J. Hanrahan, a grantee of Richards, and Charles S. Reynolds, a grantee of Hanrahan, were joined as parties defendant.
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Bill in equity, filed April 16, 1889, in the Superior Court, by the second mortgagee of land in Hull, against Albin M. Richards, to redeem the same from the first mortgage. The plaintiff having died, the executrix of his will was allowed to come in and prosecute the suit. William J. Hanrahan, a grantee of Richards, and Charles S. Reynolds, a grantee of Hanrahan, were joined as parties defendant. Hearing before Dewey, J., who entered an interlocutory decree, adjudging that the plaintiff was entitled to redeem, and referring the case to a master to state the account. Upon the coming in of the…
1Opinion of the CourtHolmes, J.
This case was tried in the Superior Court, and is here on report. It was a bill in equity brought to redeem land from a mortgage. The defendant Richards pleaded a foreclosure, and there was a general replication. The first question of any importance raised at the hearing is whether on these pleadings evidence was admissible that the foreclosure was fraudulent. As the replication was in the form required by Rule 15, we assume this to mean a question whether the evidence was admissible without amending the bill. The defendant relies on the principle that the court will not go into charges of…
2Cases cited11 opinions
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