Kennedy v. Welch
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court for the county of Berkshire August 4, 1899, to enjoin the defendant from foreclosing a mortgage of real estate given ‘by the plaintiff to him, and to compel him to discharge the mortgage and cancel the note which it secured.
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Bill in equity, filed in the Superior Court for the county of Berkshire August 4, 1899, to enjoin the defendant from foreclosing a mortgage of real estate given ‘by the plaintiff to him, and to compel him to discharge the mortgage and cancel the note which it secured. The case was referred to a master and was heard on exceptions by the defendant to the master’s report by Grosby, J., who overruled the exceptions and denied certain requests of the defendant for rulings, and the defendant excepted. Annexed to the defendant’s bill of exceptions were the report of the master, containing a report…
1Opinion of the CourtBraley, J.
Instead of adopting the usual equity practice by taking an appeal from a final decree, under which all questions, not only of law, but of fact, appearing in the record would have been open to review, the defendant, after an order by the presiding judge for such decree, has resorted to a bill of exceptions, which presents for decision only rulings of law. See Ex parte Story, 12 Pet. 339; Dorr v. Tremont National Bank, 128 Mass. 349; O'Brien v. Keefe, 175 Mass. 274; Prescott v. Prescott, 175 Mass. 64; McCusker v. Geiger, 195 Mass. 46.
We first consider the exceptions to the report. If the…
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