Bird v. Gill

Massachusetts Supreme Judicial Court
Bird v. Gill, 78 Mass. 60 (Mass. 1858)

Bird v. Gill

Opinion of the Court

By the Court.

Upon rendering a conditional judgment lor the plaintiff on a writ of entry to foreclose a mortgage, under the Rev. Sts. c. 107, § 5, the question is, “ how much is due to the plaintiff on the mortgage,” not what would be due between the parties upon a settlement of all mutual demands between them/ The set-off was therefore rightly disallowed.

Exceptions overruled.

Reference

Full Case Name
Charles Bird v. Ira Gill & wife
Status
Published