Montgomery v. Pickering
Massachusetts Supreme Judicial Court
Bill in equity, filed June 18, 1878, against Isaac H. Pickering and his wife, Sarah A., to compel the reconveyance of a parcel of land on Summer Street, Boston, and also the repayment of a sum of money obtained by the defendants from the city of Boston for land taken to widen Summer Street. The bill alleged fraud on the part of the defendant Isaac, and also that if there was no fraud the prayer of the bill should be granted on the ground of mutual mistake.
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Bill in equity, filed June 18, 1878, against Isaac H. Pickering and his wife, Sarah A., to compel the reconveyance of a parcel of land on Summer Street, Boston, and also the repayment of a sum of money obtained by the defendants from the city of Boston for land taken to widen Summer Street. The bill alleged fraud on the part of the defendant Isaac, and also that if there was no fraud the prayer of the bill should be granted on the ground of mutual mistake. The case was heard on oral evidence before Endicott, J., who ordered a decree for the plaintiff, and the defendants appealed. The case…
1Opinion of the CourtColt, J.
The plaintiff seeks to set aside a deed of land made by her, through the procurement of Isaac H. Pickering, to his wife, the other defendant, and to recover a sum of money paid by the city of Boston as damages for land of the plaintiff taken for streets. Both the deed and the money paid by the city to Pickering are alleged to have been obtained by fraud, and upon mutual mistake of fact affecting alike the consideration of the deed and the payment of the money.
The case was heard by a justice of this court upon pleadings and oral evidence, and comes up with a report of all the evidence upon…
2Cited by45 opinions
- Swan v. Justices of Superior CourtMassachusetts Supreme Judicial Court · 1916
- Deaton v. RushTexas Supreme Court · 1923
- Harvey-Watts Co. v. Worcester Umbrella Co.Massachusetts Supreme Judicial Court · 1906
- Green v. DuvergeyCalifornia Supreme Court · 1905
- Commonwealth v. GoldmanMassachusetts Supreme Judicial Court · 1985
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