Nichols v. Ela
Massachusetts Supreme Judicial Court
Bill hi equity to redeem land in Lawrence from two mortgages. Hearing upon the pleadings, a master’s report and exceptions thereto, and certain motions of the defendant, before Endioott, J., who overruled the motions and the exceptions, and directed a decree to be entered that a certain sum was due the defendant on May 1, 1876, as found by the master, and that the case should stand for further proceedings to determine the rents and profits since May 1,1876; and, at the…
Read the full summary
Bill hi equity to redeem land in Lawrence from two mortgages. Hearing upon the pleadings, a master’s report and exceptions thereto, and certain motions of the defendant, before Endioott, J., who overruled the motions and the exceptions, and directed a decree to be entered that a certain sum was due the defendant on May 1, 1876, as found by the master, and that the case should stand for further proceedings to determine the rents and profits since May 1,1876; and, at the request of the defendant, reserved the case for the consideration of the full court. If the rulings and order for a decree…
1Opinion of the CourtColt, J.
The defendant is in possession of mortgaged premises consisting of a brewery, which the plaintiff by his bill seeks to redeem. The case was referred to a master under an order which simply required him to “ state the accounts between the parties, and to make report thereof to the court.” After the master had submitted his draft report to counsel, and at a hearing had for the purpose of settling the same, the counsel for the defendant requested the master to report all the evidence upon which certain findings of the master were based. The master declined to' accede to this request, on the…
2Cases cited4 opinions
- Dean v. EmersonMassachusetts Supreme Judicial Court · 1869
- Atlanta Mills v. MasonMassachusetts Supreme Judicial Court · 1876
- Carpenter v. CushmanMassachusetts Supreme Judicial Court · 1876
- Stowell v. GoodaleMassachusetts Supreme Judicial Court · 1850
3Cited by12 opinions
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
- Cook v. ScheffreenMassachusetts Supreme Judicial Court · 1913
- Smith v. LloydMassachusetts Supreme Judicial Court · 1916
- Haskell v. MerrillMassachusetts Supreme Judicial Court · 1901
- Young v. WinkleyMassachusetts Supreme Judicial Court · 1906
7 more not listed; retrieve them via the Exa API.