Bancroft v. Sawin
Massachusetts Supreme Judicial Court
Bill in equity, filed February 12, 1884, to redeem land from a mortgage. The bill alleged that William N. Hunt, on May 29,1879, being then seised in fee of a certain tract of land, with the buildings thereon, in Worcester, described by metes and bounds, conveyed the same, by a mortgage deed duly recorded, to the defendant, to secure the payment of his promissory note for $1400 of even date therewith, payable to the order of the defendant, on demand, with interest; that on…
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Bill in equity, filed February 12, 1884, to redeem land from a mortgage. The bill alleged that William N. Hunt, on May 29,1879, being then seised in fee of a certain tract of land, with the buildings thereon, in Worcester, described by metes and bounds, conveyed the same, by a mortgage deed duly recorded, to the defendant, to secure the payment of his promissory note for $1400 of even date therewith, payable to the order of the defendant, on demand, with interest; that on January 29,1880, Hunt again mortgaged said real estate to Merrick Wilson and William Holden, copartners under the firm…
1Opinion of the CourtC. Allen, J.
We have no doubt that, in case of gross or improper delay between the time of filing the bill and of the taking out or service of the subpoena, a court of equity, in the exercise of the judicial discretion belonging to it, may refuse its assistance to the plaintiff, and direct the bill to be taken off the file. Such also is the plain intimation of several English and Irish decisions. Coppin v. Gray, 1 Y. & C. (Ch.) 205, 209. Boyd v. Higginson, Flan. & Kel. 603, 613. Forster v. Thompson, 4 Dru. & War. 303, 318. The plaintiff does not dispute this as a general doctrine, but contends that, under…
2Cited by11 opinions
- Bucchiere v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1986
- International Paper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1919
- Chace v. MorseMassachusetts Supreme Judicial Court · 1905
- State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.Massachusetts Supreme Judicial Court · 1970
- Whitney v. Cheshire RailroadMassachusetts Supreme Judicial Court · 1911
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