Jager v. Vollinger
Massachusetts Supreme Judicial Court
Bill in equity, filed January 25,1898, in the Superior Court, to restrain a continuing trespass upon land in Hatfield. Hearing before Aiken, J., who dismissed the bill, and, at the plaintiff’s request, reported the case for the determination of this court; such decree to be entered as equity might require. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is a bill in equity to restrain a continuing trespass. The only issue is on the question of title, and that is brought before us by report. Both parties derive title from one Ballou. In 1860 Ballou mortgaged the land in question, which was in Hatfield, and also two lots in Northampton to the Trustees of the Smith Charities. In 1865 he conveyed the Northampton land to one Halloran, by a deed containing this clause: “ Subject to a mortgage claim of fourteen hundred dollars to the Trustees of the Smith Charities, the payment of which claim is a part of the consideration named.” In 1871…
2Cases cited15 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
- Belmont v. . ComanNew York Court of Appeals · 1860
- Fiske v. TolmanMassachusetts Supreme Judicial Court · 1878
- Thompson v. HeywoodMassachusetts Supreme Judicial Court · 1880
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3Cited by11 opinions
- Bray v. HickmanMassachusetts Supreme Judicial Court · 1928
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
- Reid v. WhisenantSupreme Court of Georgia · 1926
- Bossingham v. SyckSupreme Court of Iowa · 1902
- Manget v. National City BankSupreme Court of Georgia · 1929
6 more not listed; retrieve them via the Exa API.