Goff v. Hathaway
Massachusetts Supreme Judicial Court
Bill in equity to redeem from a mortgage, filed March 30, 1894. The case came up on an appeal of - the defendant Hathaway from the decree of the Superior Court described by the court.
1Opinion of the CourtHolmes, C. J.
This was a bill to redeem. At the hearing before a master the defendant proved a conveyance by the plaintiff to one Elwell, and the master reported against the plaintiff’s right to redeem. Thereupon the plaintiff amended his bill by making Elwell a party, alleging that the conveyance to him was in trust for the plaintiff, and praying that Elwell be decreed to reconvey. The bill was taken as confessed against Elwell, and a decree for a reconveyance was made “ in the presence of counsel for plaintiff.” The case then was recommitted to the master, who reported, subject to the plaintiff’s…
2Cases cited6 opinions
- Frow v. De La VegaSupreme Court of the United States · 1872
- Blanchard v. CookeMassachusetts Supreme Judicial Court · 1887
- Clason v. MorrisCourt for the Trial of Impeachments and Correction of Errors · 1812
- Johnson's Adm'r v. LongmireSupreme Court of Alabama · 1863
- Fulton v. WoodmanMississippi Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hutchins v. NickersonMassachusetts Supreme Judicial Court · 1912
- Smith v. American Missionary Ass'nMassachusetts Supreme Judicial Court · 1921
- Cernica v. Wagner's Wheel Alinement, Inc., Pennsylvania Court of Common Pleas, Mercer County1983
- Kronick v. CorrealeMassachusetts Supreme Judicial Court · 1926