Fitzgerald v. Beckwith
Massachusetts Supreme Judicial Court
Bill in equity, filed October 8, 1901, to redeem from a mortgage a certain lot of land in Holyoke. In the Superior Court the case was heard by Fox, J., who made a decree that the mortgage should be cancelled and discharged upon payment by the plaintiff of the sum of $300 and interest from a certain day, that being the sum found by the judge to be due on the mortgage and note. The judge also made a report of the facts, the substance of which is stated by the court.
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Bill in equity, filed October 8, 1901, to redeem from a mortgage a certain lot of land in Holyoke. In the Superior Court the case was heard by Fox, J., who made a decree that the mortgage should be cancelled and discharged upon payment by the plaintiff of the sum of $300 and interest from a certain day, that being the sum found by the judge to be due on the mortgage and note. The judge also made a report of the facts, the substance of which is stated by the court. The defendant appealed from the decree. The following are the special findings of fact made by the judge which are referred to by…
1Opinion of the CourtMorton, J.
This is a bill to redeem land from a mortgage. The case was heard by the court, and the presiding judge made *178certain special findings of fact, and also reported the facts as found generally by him. There was a decree for the plaintiff and the defendant appealed.
The plaintiff bought the land from one Greaney, and to secure a part of the purchase money gave him a demand note for $500, with the mortgage in question. Greaney soon after assigned the note and mortgage to one Timothy M. Brown, trustee. Mr. Brown died in the spring of 1897 and the defendant was appointed his successor in the trust.…
2Cases cited2 opinions
- Murphy v. BarnardMassachusetts Supreme Judicial Court · 1894
- Biggerstaff v. MarstonMassachusetts Supreme Judicial Court · 1894
3Cited by7 opinions
- International Life Ins. Co. v. BradleySupreme Court of Oklahoma · 1926
- Union Trust Co. v. McKeonSupreme Court of Connecticut · 1904
- McCullough v. ReynoldsSupreme Court of Iowa · 1917
- President of City Bank v. ThorpSupreme Court of Connecticut · 1905
- Burnham v. WilsonMassachusetts Supreme Judicial Court · 1911
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