McSorley v. Larissa
Massachusetts Supreme Judicial Court
Bill in equity against Philip Larissa, Charles H. Alison and Quincy A. Hooper, to redeem a parcel of land from a mortgage given by the plaintiff to Russell A. Dennison, and by him assigned to Larissa after entry for breach of the condition of the mortgage and for the purpose of foreclosure.
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Bill in equity against Philip Larissa, Charles H. Alison and Quincy A. Hooper, to redeem a parcel of land from a mortgage given by the plaintiff to Russell A. Dennison, and by him assigned to Larissa after entry for breach of the condition of the mortgage and for the purpose of foreclosure. In the superior court, a decree was entered declaring the plaintiff’s right to redeem against all the defendants; and the case was sent to a master to state the account between the parties, who reported a balance as due to Larissa, but no allowance as due to either Alison or Hooper for improvements made by…
1Opinion of the CourtHoar, J.
The equity in favor of the defendants Alison and Hooper is so clear and so strong, that it must prevail unlesu there is some settled rule of law or course of practice inconsistent With it.
*271The plaintiff, a mortgagor, brings his bill to redeem against Larissa, the assignee of the mortgagee, and makes parties defendant, Alison, to whom Larissa had conveyed by a quitclaim deed a lot of half an acre, part of the mortgaged premises; and Hooper, to whom Alison had mortgaged the same lot, as security for the payment for materials used in building a house upon it. Alison and Hooper now claim to be…
2Cases cited3 opinions
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
- Putnam v. RitchieNew York Court of Chancery · 1837
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1843
3Cited by12 opinions
- Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1878
- Sunter v. SunterMassachusetts Supreme Judicial Court · 1906
- Beach v. OsborneSupreme Court of Connecticut · 1902
- Ensign v. BattersonSupreme Court of Connecticut · 1896
- Madison Av. Bap. Ch. v. . Oliver St. Bap. Ch.New York Court of Appeals · 1878
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