Legal Opinion

Hillside Co-operative Bank v. Cavanaugh

Massachusetts Supreme Judicial Court

Decided February 26, 1919PublishedCited by 20 opinions

Bill in equity, filed in the Superior Court on November 2, 1918, by the Hillside Co-operative Bank, a corporation having a usual place of business at Medford, against Mary E. Robertson and her trustee in bankruptcy and others, to reform a certain mortgage deed given by the defendant Robertson to the plaintiff, so that it might be a valid incumbrance on lot Number 8 shown on a plan made by W. A. Mason dated April, 1863, and recorded with the Middlesex South District Deeds in…

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Bill in equity, filed in the Superior Court on November 2, 1918, by the Hillside Co-operative Bank, a corporation having a usual place of business at Medford, against Mary E. Robertson and her trustee in bankruptcy and others, to reform a certain mortgage deed given by the defendant Robertson to the plaintiff, so that it might be a valid incumbrance on lot Number 8 shown on a plan made by W. A. Mason dated April, 1863, and recorded with the Middlesex South District Deeds in Book of Plans 11, Plan 19. The case was heard by Fox, J., who reported it for determination by this court with his…

1Opinion of the CourtPierce, J.

In April, 1915, the defendant Robertson, hereinafter called the defendant, negotiated with one Langley for the conveyance to her of a lot of land, the title to which was in Langley by reason of his and his predecessors’ continuous and uninterrupted adverse possession under a claim of title since July 1, 1867. Wishart v. McKnight, 178 Mass. 356. The lot in question is Lot 8 on a plan of lots duly recorded as owned by Z. L. Raymond and others, was occupied by Langley, and was known as 68 Dana *159Street, Cambridge. Before the negotiations were concluded by a final agreement, the defendant made an…

2Cases cited5 opinions

  1. Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
  2. J. P. Eustis Manufacturing Co. v. Saco Brick Co.Massachusetts Supreme Judicial Court · 1908
  3. Wishart v. McKnightMassachusetts Supreme Judicial Court · 1901
  4. Hughes v. WilliamsMassachusetts Supreme Judicial Court · 1914
  5. Cassidy v. Charlestown Five Cents Savings BankMassachusetts Supreme Judicial Court · 1889

3Cited by20 opinions

  1. Mullane v. ChambersCourt of Appeals for the First Circuit · 2003
  2. O'Gasapian v. DanielsonMassachusetts Supreme Judicial Court · 1933
  3. Lamson & Co. v. AbramsMassachusetts Supreme Judicial Court · 1940
  4. Stoneham Five Cents Savings Bank v. JohnsonMassachusetts Supreme Judicial Court · 1936
  5. Clark v. Kahn (In Re Dlott)United States Bankruptcy Court, D. Massachusetts · 1983

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