Beaton v. Land Court

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “a court acting under general principles of equity jurisprudence has broad power to reform, rescind, or cancel written instruments, including mortgages, on grounds such as fraud, mistake, accident, or illegality.”
• stating “that a court acting under general principles of equity jurisprudence has broad power to reform, rescind, or cancel written instruments ... on grounds such as fraud, mistake, accident, or illegality”
• discussing limited scope and purpose of proceeding under Servicemembers Civil Relief Act
• judicial action under St. 1943, c. 57, is not itself mortgage foreclosure proceeding and occurs independently of such proceedings
• “If a mortgagee begins the process of foreclosure, a suit in the Superior Court will lie to enjoin the foreclosure and to obtain an accounting.”
• “[A] court acting under general principles of equity jurisprudence has broad power to reform, rescind, or cancel written instruments, including mortgages, on grounds such as fraud, mistake, accident, or illegality”

Source: CourtListener parenthetical corpus (CC0).