Dary v. Kane
Massachusetts Supreme Judicial Court
Bill in equity, filed September 10, 1886. The bill alleged: 1. That by a deed of mortgage dated April 2, 1877, and duly recorded, the plaintiff’s intestate, Susan Munnigle, conveyed to Margaret D. Davis, of Boston, in-fee simple, a certain piece of land described, with the buildings thereon, in Cambridge ; being .the same premises conveyed to the said Susan Munnigle by the said Margaret D. Davis by deed of even date with said mortgage deed, and recorded therewith; subject to…
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Bill in equity, filed September 10, 1886. The bill alleged: 1. That by a deed of mortgage dated April 2, 1877, and duly recorded, the plaintiff’s intestate, Susan Munnigle, conveyed to Margaret D. Davis, of Boston, in-fee simple, a certain piece of land described, with the buildings thereon, in Cambridge ; being .the same premises conveyed to the said Susan Munnigle by the said Margaret D. Davis by deed of even date with said mortgage deed, and recorded therewith; subject to redemption, upon the payment by the said Susan Munnigle, her heirs, executors, administrators, or assigns, to the said…
1Opinion of the CourtAllen, J.
By St. 1883, c. 223, § 13, suits in equity may be brought in any county where a transitory personal action between the same parties might be brought. The defendant contends that a bill to redeem land from a mortgage does not come within this provision, and that it can only be brought in the county where the land lies. But such bill is clearly a suit in equity within the meaning of the statute. This is shown conclusively by the form enacted with the statute.
The interest and title of the plaintiff are sufficiently set forth in the bill, which in this respect follows the form enacted with the…
2Cited by3 opinions
- Emerson v. AtkinsonMassachusetts Supreme Judicial Court · 1893
- Ryan v. McManusMassachusetts Supreme Judicial Court · 1948
- Malani v. AlapaiHawaii Supreme Court · 1900