Westlake v. Dunn
Massachusetts Supreme Judicial Court
Bill in equity, filed July 24, 1901, by Horace G. Westlake and James D. Bell, both of Hillsdale in the State of New York, against John H. Dunn, of the city of New York, and the Berkshire County Savings Bank, praying, that a deed from Westlake to Dunn of certain real estate in Pittsfield might be declared void, it never having been delivered to Dunn for the purpose of passing title to the premises, that the savings bank might be restrained from foreclosing a mortgage on the…
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Bill in equity, filed July 24, 1901, by Horace G. Westlake and James D. Bell, both of Hillsdale in the State of New York, against John H. Dunn, of the city of New York, and the Berkshire County Savings Bank, praying, that a deed from Westlake to Dunn of certain real estate in Pittsfield might be declared void, it never having been delivered to Dunn for the purpose of passing title to the premises, that the savings bank might be restrained from foreclosing a mortgage on the premises purporting to have been made by Dunn, and for further relief. In the Superior Court the case was heard by Fox,…
1Opinion of the CourtMorton, J.
This is a bill in equity to have a deed from the plaintiff Westlake to the defendant Dunn, alleged to have been obtained by fraud, declared null and void, and to have a mortgage from Dunn to the defendant bank of the same property cancelled and discharged. The judge ruled and found in favor *261of the plaintiffs and the case is here on exceptions by the defendant bank to the refusal of the judge to give certain rulings requested by it. The defendant Dunn did not appear and the bill was taken pro confessa against him.
There is no serious dispute as to the facts. The evidence consisted of the…
2Cases cited4 opinions
- Russell v. American Bell Telephone Co.Massachusetts Supreme Judicial Court · 1902
- Scollans v. RollinsMassachusetts Supreme Judicial Court · 1901
- O'Herron v. GrayMassachusetts Supreme Judicial Court · 1897
- Stiff v. AshtonMassachusetts Supreme Judicial Court · 1891
3Cited by8 opinions
- Tower v. StanleyMassachusetts Supreme Judicial Court · 1915
- Hulburt v. WalkerNew York Court of Appeals · 1931
- Guthrie v. FieldSupreme Court of Kansas · 1911
- Harth v. PollockOregon Supreme Court · 1920
- Forman v. ThomasSupreme Court of Alabama · 1918
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