Bird v. Gill

78 Mass. 60
CourtMassachusetts Supreme Judicial Court
DecidedNovember 15, 1858
StatusPublished

This text of 78 Mass. 60 (Bird v. Gill) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bird v. Gill, 78 Mass. 60 (Mass. 1858).

Opinion

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.

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Bluebook (online)
78 Mass. 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bird-v-gill-mass-1858.