Clark v. Young
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on August 10, 1916, by Mary A. Clark, the wife of Byron Clark, against Frank J. Young and William R. Williams, containing the allegations described in the opinion and praying for an accounting between the plaintiff and the defendant Young as to the amount due to the plaintiff from that defendant, also praying for a decree that the instrument purporting to be a discharge of a mortgage signed by the plaintiff be cancelled, that the…
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Bill in equity, filed in the Superior Court on August 10, 1916, by Mary A. Clark, the wife of Byron Clark, against Frank J. Young and William R. Williams, containing the allegations described in the opinion and praying for an accounting between the plaintiff and the defendant Young as to the amount due to the plaintiff from that defendant, also praying for a decree that the instrument purporting to be a discharge of a mortgage signed by the plaintiff be cancelled, that the plaintiff’s mortgage be declared to be prior in time and right to the mortgages held by the defendant Williams and that…
1Opinion of the CourtDe Courcy, J.
These facts are established by the master’s report: Byron Clark of Oxford, the husband of the plaintiff, arranged with his wife for a loan to the defendant Young. The note and mortgage on his farm, given by Young to the plaintiff and dated February 1, 1909, were for $1,000, but in fact only $800 was received and due thereon.
The plaintiff assigned this mortgage to the Worcester Trust Company on December 20, 1910, as security for a note of $800 made by her and her husband, due April 20,1911. The trust company continued to hold the mortgage to secure this note and its renewals until June 23,…
2Cases cited5 opinions
- Cook v. ScheffreenMassachusetts Supreme Judicial Court · 1913
- Central National Bank v. CoppMassachusetts Supreme Judicial Court · 1903
- Walker v. MayoMassachusetts Supreme Judicial Court · 1886
- Thompson v. DavisMassachusetts Supreme Judicial Court · 1917
- Bass v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1906
3Cited by6 opinions
- Daniels v. DanielsMassachusetts Supreme Judicial Court · 1922
- Perry v. OliverMassachusetts Supreme Judicial Court · 1945
- Poczatek v. CommissionerUnited States Tax Court · 1978
- Dow v. Brookline Trust Co.Massachusetts Supreme Judicial Court · 1941
- Poczatek v. CommissionerUnited States Tax Court · 1978
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