Bon v. Graves
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on December 17, 1912, by the holder by assignment of a second mortgage on certain land in Norwell given by one Margaret L. Brown to one Jacob Friedberg, to set aside a foreclosure sale under a first mortgage by which the defendant Graves acquired his alleged title and to be allowed to redeem the property from such first mortgage. The case was referred to Walter F. Frederick, Esquire, as master.
Read the full summary
Bill in equity, filed in the Supreme Judicial Court on December 17, 1912, by the holder by assignment of a second mortgage on certain land in Norwell given by one Margaret L. Brown to one Jacob Friedberg, to set aside a foreclosure sale under a first mortgage by which the defendant Graves acquired his alleged title and to be allowed to redeem the property from such first mortgage. The case was referred to Walter F. Frederick, Esquire, as master. The material facts reported by the master are stated in the opinion. The plaintiff filed the following exceptions to the master’s report: “1. To the…
1Opinion of the CourtRugg, C. J.
The plaintiff, who asserts that he is the holder of a second mortgage, seeks to set aside a foreclosure made by the *443holder of an earlier mortgage covering most of the same land described in the plaintiff’s mortgage. There is no contention that the first mortgage was not valid. The only attack upon it is directed against the validity of its foreclosure. But the defendants contend that on several grounds the plaintiff is not entitled to maintain his bill.
The mortgage under which the plaintiff claims was given in the first instance under these circumstances: Robert S. Brown in March, 1911, was…
2Cases cited21 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Moore v. DickMassachusetts Supreme Judicial Court · 1905
- New York Bank Note Co. v. Kidder Press Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Percival v. ChaseMassachusetts Supreme Judicial Court · 1903
16 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- US Bank National Association v. IbanezMassachusetts Supreme Judicial Court · 2011
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
- DesLauries v. SheaMassachusetts Supreme Judicial Court · 1938
- Cambridge Savings Bank v. CroninMassachusetts Supreme Judicial Court · 1935
- Pemstein v. StimpsonMassachusetts Appeals Court · 1994
42 more not listed; retrieve them via the Exa API.