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158 Mass. 376

Dary v. Kane

Massachusetts Supreme Judicial Court · decided 1893-03-03

Bill in equity, filed September 10, 1886. The bill alleged: 1.

Good law ✅— No negative treatment on recordhow we know

Decided 1893-03-03

How this case has been cited

Cited by 4 later decisions — most recently July 1948

4 state decisions

10189319001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Allen, J.

¶1By St. 1883, c. 223, § 13, suits in equity may be brought in any county where a transitory personal action between the same parties might be brought. The defendant contends that a bill to redeem land from a mortgage does not come within this provision, and that it can only be brought in the county where the land lies. But such bill is clearly a suit in equity within the meaning of the statute. This is shown conclusively by the form enacted with the statute.

¶2The interest and title of the plaintiff are sufficiently set forth in the bill, which in this respect follows the form enacted with the statute as closely as possible.

¶3The averment of the defendant’s possession is also sufficient.

¶4The plaintiff as administrator of Munnigle’s estate is accountable to Tripp as well as to the defendant, and for this reason the further objections of the defendant will not avail.

¶5Decree affirmed.

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