Massachusetts Supreme Judicial Court, 1858

Bird v. Gill

Bird v. Gill
Massachusetts Supreme Judicial Court · Decided November 15, 1858
78 Mass. 60

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.