Jewett v. Tucker
Massachusetts Supreme Judicial Court
Bill in equity, filed January 23, 1884, by the assignees in insolvency of the estate of Frank O. Nash, against James Tucker, Isaac Fenno, and Nathaniel Tucker, for the cancellation of a mortgage of land given by Nash to Nathaniel Tucker, or to redeem the land from the mortgage, and, meanwhile, to restrain the sale of the land under a power of sale contained in the mortgage.
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Bill in equity, filed January 23, 1884, by the assignees in insolvency of the estate of Frank O. Nash, against James Tucker, Isaac Fenno, and Nathaniel Tucker, for the cancellation of a mortgage of land given by Nash to Nathaniel Tucker, or to redeem the land from the mortgage, and, meanwhile, to restrain the sale of the land under a power of sale contained in the mortgage. The case was heard, on the pleadings and evidence, before 0. Allen, J., who found the following facts to be proved: “ Nathaniel Tucker was the owner of a tract of land in Dorchester, containing about one hundred thousand…
1Opinion of the CourtDevens, J.
After carefully examining the evidence upon /hich the case was heard before a single justice, we see no reason, so far as the facts are in dispute, to doubt the correctness of his findings, and we adopt them as our own. There were certain matters not in dispute, such as the contents of written instruments, which are referred to, but not fully set forth, in the findings of fact. These, so far as they are material, we shall refer to hereafter.
The bill proceeds, first, upon the ground that Nash, the insolvent, was indebted to Nathaniel Tucker on July 5, 1883, was then insolvent, and that the…
2Cases cited7 opinions
- Sears v. HardyMassachusetts Supreme Judicial Court · 1876
- Hocker v. GentryCourt of Appeals of Kentucky · 1861
- Fisher v. FisherMassachusetts Supreme Judicial Court · 1867
- Strong v. JacksonMassachusetts Supreme Judicial Court · 1877
- Stults v. SilvaMassachusetts Supreme Judicial Court · 1875
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3Cited by21 opinions
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- Gibson v. DupreeColorado Court of Appeals · 1914
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