Thompson v. Barry
Massachusetts Supreme Judicial Court
Bill in equity, filed May 25, 1903, against William J. Barry, of Lynn, and the Roman Catholic Archbishop of Boston, a corporation sole, seeking to have a deed given by one Clara Van Horne to the defendant Barry and a deed from Barry to the Roman Catholic Archbishop of Boston, annulled on the ground of fraud alleged to have been practised by Barry on the plaintiff in procuring the execution and delivery of the deed to him, praying for a reconveyance of the land, for damages,…
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Bill in equity, filed May 25, 1903, against William J. Barry, of Lynn, and the Roman Catholic Archbishop of Boston, a corporation sole, seeking to have a deed given by one Clara Van Horne to the defendant Barry and a deed from Barry to the Roman Catholic Archbishop of Boston, annulled on the ground of fraud alleged to have been practised by Barry on the plaintiff in procuring the execution and delivery of the deed to him, praying for a reconveyance of the land, for damages, and for further relief. In the Superior Court the case was heard by Schofield, J., who found that the plaintiff was…
1Opinion of the CourtKnowlton, C. J.
On the hearing of this suit the presiding judge found that the plaintiff was entitled to relief and ordered a decree in his favor. As the defendants desired to take the opinion of this court upon the questions of law involved, the judge decided not to enter the decree and leave the defendants to their right of appeal with a report of facts to complete the record under the R. L. c. 159, § 23, but availed himself of his power under the R. L. c. 159, § 29, to reserve and report the case instead of entering a decree. According to the terms of the reservation, if the ruling was right the decree is…
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