Young v. Reynolds
Massachusetts Supreme Judicial Court
Bill in equity, inserted in a common law writ in the Superior Court, dated January 29, 1910, seeking to redeem certain real estate in Chatham from an execution sale. The answer alleged, among other things, that the plaintiff never had sought for an ascertainment of the amount due to the defendant upon redemption, that the defendant never had refused an accounting, and that the plaintiff never had tendered a sufficient sum for redemption. The record contained no replication.
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Bill in equity, inserted in a common law writ in the Superior Court, dated January 29, 1910, seeking to redeem certain real estate in Chatham from an execution sale. The answer alleged, among other things, that the plaintiff never had sought for an ascertainment of the amount due to the defendant upon redemption, that the defendant never had refused an accounting, and that the plaintiff never had tendered a sufficient sum for redemption. The record contained no replication. In the Superior Court the case was heard by Dubuque, J., at the April sitting of the court at Barnstable. Material facts…
1Opinion of the CourtLoring, J.
This case comes before us on a bill of exceptions taken at a hearing on a bill in equity brought under R. L. c. 178, § 39, to redeem land from an execution sale.
1. Exceptions having been taken at the hearing, the judge had no power to enter a decree. McCusker v. Geiger, 195 Mass. 46. We treat the so called decree as an order for a decree. The appeal from the so called decree is not before us and must be dismissed. The questions raised by the exceptions will be considered.
2. The plaintiff asked the judge to rule as matter of law that sums paid for “labor in cutting down silver leaf poplar…
2Cases cited4 opinions
- McCusker v. GeigerMassachusetts Supreme Judicial Court · 1907
- East Tennessee Land Co. v. LeesonMassachusetts Supreme Judicial Court · 1904
- Merriam v. GossMassachusetts Supreme Judicial Court · 1885
- Tetrault v. LabbeMassachusetts Supreme Judicial Court · 1892
3Cited by4 opinions
- Kerr v. KerrMassachusetts Supreme Judicial Court · 1920
- Bartlett v. Roosevelt, Inc.Massachusetts Supreme Judicial Court · 1927
- Lyons v. BaumanMassachusetts Appeals Court · 1991
- O'Brien v. McGeoughMassachusetts Supreme Judicial Court · 1915