Massachusetts Supreme Judicial Court, 1862

Childs v. Dolan

Childs v. Dolan
Massachusetts Supreme Judicial Court · Decided November 15, 1862 · Chapman
87 Mass. 319

Childs v. Dolan

Opinion of the Court

Chapman, J.

The demandant’s affidavit ought to have been admitted in evidence, for it contains all that is required by Gen. Sts. c. 140, § 43. It need not state the rendering of an account or the disposition that has been made of the purchase money. *320The questions raised as to the admission of the other evidence as a substitute for it, are therefore immaterial.

The tenant’s claim for improvements was properly rejected. Such a claim does not exist against the mortgagee or those claiming under him, in favor of a tenant who has possession of the land as owner of the equity. Exceptions overruled.

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