Legal Opinion

Kerse v. Miller

Massachusetts Supreme Judicial Court

Decided June 16, 1897PublishedCited by 13 opinions

Bill in equity, filed in the Superior Court December 16, 1895, to redeem land in Chelsea from a mortgage. A decree was entered for the plaintiff; and the defendant appealed to this court. The facts appear in the opinion.

1Opinion of the CourtLathrop, J.

This case comes before us on an appeal from a decree of the Superior Court sitting in equity. The only papers before us are the pleadings and the decree. The decree states that the cause came on to be heard upon evidence. The evidence is not reported, and the question is whether the decree corresponds to the allegations and prayers of the bill, and with the rules of law applicable thereto.

The facts as they appear in the bill are these. On April 13, 1866, Timothy Kerse mortgaged a parcel of land in Chelsea to the Chelsea Savings Bank. At the time the bill was brought, December 16, 1895, the…

2Cases cited6 opinions

  1. Lamb v. MontagueMassachusetts Supreme Judicial Court · 1873
  2. Hurley v. HurleyMassachusetts Supreme Judicial Court · 1889
  3. Barnes v. BoardmanMassachusetts Supreme Judicial Court · 1890
  4. King v. NicholsMassachusetts Supreme Judicial Court · 1884
  5. Union Institution for Savings v. HillMassachusetts Supreme Judicial Court · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Briggs v. SanfordMassachusetts Supreme Judicial Court · 1914
  2. Fitcher v. GriffithsMassachusetts Supreme Judicial Court · 1913
  3. First Baptist Society v. DexterMassachusetts Supreme Judicial Court · 1906
  4. Linsky v. Exchange Trust Co.Massachusetts Supreme Judicial Court · 1927
  5. Dougherty v. KubatNebraska Supreme Court · 1903

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API