Merriam v. Goss
Massachusetts Supreme Judicial Court
Bill in equity, filed March 25, 1879, by the assignee of a mortgage executed in 1851, and foreclosed in 1858, against Levi Goss, Samuel Putnam, Joseph Cozzens, Alfred L. Burditt, and John H. Loclrey, to redeem a parcel of land in Leominster from a mortgage made in 1845 by one Lamb to one Hapgood, to secure payment of $600 and interest.
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Bill in equity, filed March 25, 1879, by the assignee of a mortgage executed in 1851, and foreclosed in 1858, against Levi Goss, Samuel Putnam, Joseph Cozzens, Alfred L. Burditt, and John H. Loclrey, to redeem a parcel of land in Leominster from a mortgage made in 1845 by one Lamb to one Hapgood, to secure payment of $600 and interest. Upon a hearing had in this court in 1880, it was decreed that the plaintiff be allowed to redeem, “ that the defendants be allowed for the improvements made on the premises,” and that the case be sent to a master to report “the amount due on said mortgage and…
1Opinion of the CourtHolmes, J.
The clauses in the decree for redemption directing that the defendants be allowed for the improvements made upon the premises, and that the master report the value of such improvements, &c., is merely a less formal equivalent for a direction that the master inquire whether the defendants had made any, and what, lasting or permanent improvements on the premises, &e., as in Webb v. Rorke, 2 Sch. & L. 661, 676. It is proper that such a special direction should be inserted in the decree if a prima facie case is made for it at the hearing, but in itself it does not determine that there are…
2Cases cited3 opinions
- Dungan v. Von PuhlSupreme Court of Iowa · 1859
- Merriam v. BartonSupreme Court of Vermont · 1842
- Nixon v. PorterMississippi Supreme Court · 1860
3Cited by5 opinions
- Moors v. WymanMassachusetts Supreme Judicial Court · 1888
- MacFarlane v. ThompsonMassachusetts Supreme Judicial Court · 1922
- Mills v. DayMassachusetts Supreme Judicial Court · 1910
- Lynch v. RyanWisconsin Supreme Court · 1908
- Young v. ReynoldsMassachusetts Supreme Judicial Court · 1914