Anderson v. Learoyd
Massachusetts Supreme Judicial Court
Bill in equity, by an administrator, against the widow of an intestate, praying that she be ordered to execute and deliver to the plaintiff a release and discharge of a mortgage. Hearing in the Superior Court, before IAlley, J., who entered a decree dismissing the bill with costs; and the plaintiff appealed. He also filed a motion, which was denied; and he appealed. The hature of the bill and of the motion appears in the opinion.
1Opinion of the CourtMorton, J.
There was a motion by the plaintiff in the Superior Court that the evidence taken by the official stenographer should be reported to the full court. The motion was denied; and the plaintiff appealed to this court, and the matter has been decided against him here. There remains only his appeal from the decree dismissing the bill with costs.
Ho evidence is before us, and the only question, therefore, is whether the decree is warranted by the pleadings. Rankin v. Fitchburg Ins. Co. 150 Mass. 55. ,
The substance of the plaintiff’s bill is that the mortgage had been paid by the defendant’s husband,…
2Cases cited3 opinions
- Hall v. SouthwickSupreme Court of Minnesota · 1880
- Sheddy v. GeranMassachusetts Supreme Judicial Court · 1873
- Rankin v. Fitchburg Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1889
3Cited by1 opinion
- Teal v. JagieloMassachusetts Supreme Judicial Court · 1951