Legal Opinion

Union Institution for Savings v. City of Boston

Massachusetts Supreme Judicial Court

Decided June 30, 1880PublishedCited by 30 opinions

Bill in equity, filed November 30, 1878, by a mortgagee of several parcels of land, against the city of Boston, Walter Farnsworth, W. E. Woodward and William H. Piper, to enforce a lien upon money due from the city of Boston for damages for land taken by the city, under the St. of 1873, e. 340. The case was heard by Colt, J., upon a statement of facts, the material parts of which were as follows: On June 2, 1871, Woodward and Piper, who then owned the several parcels of…

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Bill in equity, filed November 30, 1878, by a mortgagee of several parcels of land, against the city of Boston, Walter Farnsworth, W. E. Woodward and William H. Piper, to enforce a lien upon money due from the city of Boston for damages for land taken by the city, under the St. of 1873, e. 340. The case was heard by Colt, J., upon a statement of facts, the material parts of which were as follows: On June 2, 1871, Woodward and Piper, who then owned the several parcels of land, executed a mortgage of them to the plaintiff, the condition of the mortgage being that, if the grantors should pay to…

1Opinion of the CourtGray, C. J.

This is a bill in equity by a mortgagee of land taken by the city for the public use, and the equity of redeeming which from the plaintiff’s mortgages is owned by the defendant Farnsworth, to enforce a lien upon the money due from the city for damages for such taking. By the terms of these mortgages, the amounts of the mortgage debts were to be paid in five years, which had elapsed some time before the filing of the bill, “ with interest semiannually at the rate of seven and a half per centum per annum; ” and the question is, at what rate the interest is to be computed for the time since the…

2Cases cited47 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Cromwell v. County of SacSupreme Court of the United States · 1878
  3. Brewster v. WakefieldSupreme Court of the United States · 1860
  4. Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
  5. Burnhisel v. FirmanSupreme Court of the United States · 1875

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3Cited by30 opinions

  1. United States v. North CarolinaSupreme Court of the United States · 1890
  2. Seton v. HoytOregon Supreme Court · 1899
  3. Ratner v. HillMassachusetts Supreme Judicial Court · 1930
  4. United States v. Certain Lands in Borough of BrooklynCourt of Appeals for the Second Circuit · 1942
  5. Worcester v. City of BostonMassachusetts Supreme Judicial Court · 1901

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