Tetrault v. Labbe
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on February 8, 1890, to set aside a sale under a power in a mortgage of land in Fall River, and to redeem the land from the mortgage. The case was heard by Sherman, J., who dismissed the bill; and the plaintiff appealed to this court. The facts, so far as material to the points decided, appear in the opinion.
1Opinion of the CourtBarker, J.
The defences relied upon are the decree entered in a former bill to redeem the lands from the defendant’s mortgage, and a foreclosure sale made by him after the plaintiff had failed to comply with the terms upon which she was allowed by that decree to redeem. Neither of these defences is tenable, and the decree entered in this cause dismissing the bill must be reversed.
The decree in the former bill was not a final and absolute decree of foreclosure; nor under the circumstances disclosed in the present suit could the mortgagee have obtained a decree of foreclosure without further proceedings.
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2Cases cited5 opinions
- Perine v. DunnNew York Court of Chancery · 1819
- Beach v. . CookeNew York Court of Appeals · 1863
- Bolles v. . DuffNew York Court of Appeals · 1871
- Stevens v. MinerMassachusetts Supreme Judicial Court · 1872
- Smith v. BaileySupreme Court of Vermont · 1838
3Cited by2 opinions
- Dennett v. CodmanMassachusetts Supreme Judicial Court · 1893
- Young v. ReynoldsMassachusetts Supreme Judicial Court · 1914