Mills v. Day
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 27, 1896, and amended on August 20, 1907, seeking to redeem a certain farm from a mortgage held by the defendant, because of a breach in the conditions of which the defendant on June 28, 1893, had entered upon and taken possession of the premises. On July 8, 1897, an interlocutory decree was made, referring the suit to Henry H. Bosworth, Esquire, as master.
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Bill in equity, filed in the Superior Court on June 27, 1896, and amended on August 20, 1907, seeking to redeem a certain farm from a mortgage held by the defendant, because of a breach in the conditions of which the defendant on June 28, 1893, had entered upon and taken possession of the premises. On July 8, 1897, an interlocutory decree was made, referring the suit to Henry H. Bosworth, Esquire, as master. The master filed his report on June 17,1908, in which he found that at the time of the filing of the report there was nothing due on the mortgage note, but that the defendant, for the…
1Opinion of the CourtHammond, J.
This case is before us upon appeals by the defendant from the decree confirming the master’s report and from the final decree in favor of the plaintiff.
1. The first objection is that upon the facts found by the master the defendant is not chargeable with the rental value of *532the mortgaged premises, but only with the rent and profits actually received by him.
The report states that the “ defendant was fully examined as to the extent of his effort to rent the farm,” and that upon all the evidence the master found that “ the defendant did not exercise due diligence therein but was negligent and…
2Cases cited3 opinions
- Long v. RichardsMassachusetts Supreme Judicial Court · 1898
- Bancroft v. SawinMassachusetts Supreme Judicial Court · 1887
- Merriam v. GossMassachusetts Supreme Judicial Court · 1885
3Cited by6 opinions
- Day v. MillsMassachusetts Supreme Judicial Court · 1913
- O'Brien v. HoveyMassachusetts Supreme Judicial Court · 1921
- Clark v. StoryMassachusetts Supreme Judicial Court · 1911
- Dobias v. FaldynMassachusetts Supreme Judicial Court · 1931
- Flynn v. Curtis & Pope Lumber Co.Massachusetts Supreme Judicial Court · 1926
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