Lipsky v. Heller
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 24, 1905, as follows: “ And the plaintiffs say that: “ 1. The plaintiff Lipsky is the present owner of a certain parcel of land with the buildings thereon and appurtenances thereto numbered 59-61 Salem Street in said Boston, also of two parcels of land with the buildings thereon and appurtenances thereto situated in the rear of 59-61 on said Salem Street being lots marked ‘ C,’ * D’ and ‘ B ’ on a plan recorded with…
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Bill in equity, filed in the Superior Court on October 24, 1905, as follows: “ And the plaintiffs say that: “ 1. The plaintiff Lipsky is the present owner of a certain parcel of land with the buildings thereon and appurtenances thereto numbered 59-61 Salem Street in said Boston, also of two parcels of land with the buildings thereon and appurtenances thereto situated in the rear of 59-61 on said Salem Street being lots marked ‘ C,’ * D’ and ‘ B ’ on a plan recorded with Suffolk Deeds Book 1083, page 314, a copy of which plan is hereto annexed, and the plaintiff Goldstein is the present owner…
1Opinion of the CourtBraley, J.
By a failure to take exceptions the defendant must be deemed to have accepted the master’s report, and the evidence not having been reported, although the plaintiffs duly excepted, they are concluded by his findings of fact. The respective rights of the parties in the land, therefore, must be determined from the report, upon which also depends the question, whether the decree dismissing the bill should be affirmed, or wholly or partially reversed. Whitworth v. Lowell, 178 Mass. 43. French v. Peters, 177 Mass. 568, 572. East Tennessee Land Co. v. Leeson, 183 Mass. 37. In this inquiry, the…
2Cases cited32 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
- Ladd v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Dennis v. WilsonMassachusetts Supreme Judicial Court · 1871
- Keats v. HugoMassachusetts Supreme Judicial Court · 1874
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3Cited by53 opinions
- Mt. Holyoke Realty Corp. v. Holyoke Realty Corp.Massachusetts Supreme Judicial Court · 1933
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- Downey v. HoodMassachusetts Supreme Judicial Court · 1909
- American Stay Co. v. DelaneyMassachusetts Supreme Judicial Court · 1912
- Bigelow Carpet Co. v. WigginMassachusetts Supreme Judicial Court · 1911
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