Lewis v. Jackson
Massachusetts Supreme Judicial Court
Action on Pub. Sts. c. 175, to recover possession of a house and land in Reading, alleged to be held by the defendant unlawfully and against the right of the plaintiff, and described as follows: “ A certain lot of land with the buildings thereon situated on the easterly side of Hancock Street in said Reading, being lot numbered forty-nine on a plan by James A. Bancroft, dated April 29th, 1866, recorded in the Middlesex South District Registry of Deeds, book of plans 48, plan…
Read the full summary
Action on Pub. Sts. c. 175, to recover possession of a house and land in Reading, alleged to be held by the defendant unlawfully and against the right of the plaintiff, and described as follows: “ A certain lot of land with the buildings thereon situated on the easterly side of Hancock Street in said Reading, being lot numbered forty-nine on a plan by James A. Bancroft, dated April 29th, 1866, recorded in the Middlesex South District Registry of Deeds, book of plans 48, plan 41. The house on said lot is the second one north of Mineral Street on the easterly side of said Hancock Street.” Writ…
1Opinion of the CourtKnowlton, J.
1. The amendment of the complaint was rightly allowed. It was merely making the description of the premises complete and accurate, which before was imperfect and general. Pub. Sts. c. 167, § 42.
2. The mortgagees in the mortgage, and the grantors in the deed made under the power of sale, and the affiants in the affidavit of sale, were sufficiently and correctly described.
3. The bill of exceptions discloses no material error in the affidavit of sale. The use of the word “ it,” instead of the plural “they,” is obviously a grammatical error which does not affect the meaning.
4. The plaintiff was…
2Cases cited2 opinions
- Hooton v. HoltMassachusetts Supreme Judicial Court · 1885
- Church v. AdamsMassachusetts Supreme Judicial Court · 1876
3Cited by11 opinions
- U.S. Bank National Ass'n v. SchumacherMassachusetts Supreme Judicial Court · 2014
- Federal National Mortgage Ass'n v. HendricksMassachusetts Supreme Judicial Court · 2012
- Bank of New York v. BaileyMassachusetts Supreme Judicial Court · 2011
- New England Mutual Life Insurance v. WingMassachusetts Supreme Judicial Court · 1906
- Sheehan Construction Co. v. DudleyMassachusetts Supreme Judicial Court · 1937
6 more not listed; retrieve them via the Exa API.