265 Mass. 598 | Mass. | 1929
The object of this suit in equity by Morris Zaff, hereafter called the plaintiff, is to declare that the de
Numerous questions arise on the whole record. Since the plaintiff cannot prevail and all parties have argued the case on the merits and the practical effect in any event must be the same, this is an instance where there is no objection to statjng the grounds of substantive law requiring that result. Davis v. Smith-Springfield Body Corp. 250 Mass. 278, 284, and cases cited. E. J. Fitzwilliam Co. Inc. v. Commonwealth, 258 Mass. 103, 106.
The plaintiff was obliged to resort to equity for the establishment of his rights. He was remediless at law. When he came into equity he was obliged to accept relief upon the terms prescribed by a court of equity. The statutes as to foreclosure of mortgages were inapplicable because the plaintiff did not appear to be the owner of the title on the record or by any proceeding at law. He was entitled to redeem only in such manner and upon such terms as a court of equity might determine to be just. There is nothing to indicate that the terms fixed by the interlocutory decree were not just. On the contrary they appear to be fair to the plaintiff. Campbell v. Dearborn, 109 Mass. 130, 145.
It becomes unnecessary to determine whether cases may arise where an appealing party in'equity may, by waiver of all right to question the findings of fact, enter his appeal for revision of other errors alleged to be apparent on the record without printing the evidence. See G. L. c. 214, § 24; Robinson v. Donaldson, 251 Mass. 334, 336; Romanausky v. Skutulas, 258 Mass. 190, 193.
The suit of Lena Zaff against the defendant depends for its decision upon the decision in the suit by Morris Zaff and requires the same result.
Decrees affirmed in each case with costs.