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GREGORY v. BOSTON SAFE DEPOSIT AND TRUST CO.

No. 292.

144 U.S. 665 (1892)

12 S.Ct. 783

36 L.Ed. 585

GREGORY, v. BOSTON SAFE DEPOSIT AND TRUST COMPANY.

Supreme Court of United States.

Decided April 25, 1892.

Attorney(s) appearing for the Case

Mr. F.A. Brooks for appellants.

Mr. John Lowell and Mr. Thomas H. Talbot for Mary H. Pike, one of the appellees.

MR. JUSTICE HARLAN delivered the opinion of the court.

We are of opinion that the questions attempted to be raised by the present suit should have been presented, and can be effectively determined only in equity cause No. 2170. And such we understand to have been the opinion of the Circuit Judge. But the decree below is, in form, one upon the merits, and might perhaps be pleaded in bar of any claim that Gregory, or Gregory and Jones, might assert in suit No. 2170...

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