Haven v. Grand Junction Railroad & Depot Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed January 10,1865, by the trustees undei a mortgage made on July 1, 1850, by the Grand Junction Railroad .and Depot Company, a corporation under the laws of this Commonwealth ; to ascertain the proper construction of the trust, and praying for authority to sell the mortgaged premises, and for instructions as to the distribution of the proceeds.
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Bill in equity, filed January 10,1865, by the trustees undei a mortgage made on July 1, 1850, by the Grand Junction Railroad .and Depot Company, a corporation under the laws of this Commonwealth ; to ascertain the proper construction of the trust, and praying for authority to sell the mortgaged premises, and for instructions as to the distribution of the proceeds. It appeared, on the pleadings and agreed facts, that the said premises consisted chiefly of large tracts of land in Boston, and that the mortgage was made to three trustees, of whom the plaintiffs were the survivors, to secure the…
1Opinion of the Court
A MRS, J.*
The mortgage given by the Grand Junction Railroad and Depot Company to the plaintiffs, to secure the payment of three hundred and fifty bonds of that company, of one thousand dollars each, with coupons for the payment of interest semiannually, has been regularly foreclosed; and the mortgaged property, under a decree of this court, has been sold and converted into money. The proceeds of the sale were sufficient to pay the entire debt due at the time of the entry for breach of condition, together with all the coupons -that have become payable since that time, and to leave a…
2Cases cited1 opinion
- Miller v. Rutland & Washington RailroadSupreme Court of Vermont · 1867
3Cited by12 opinions
- Journal Publishing Co. v. BarberSupreme Court of North Carolina · 1914
- Evertson v. . National Bank of NewportNew York Court of Appeals · 1876
- Union Trust Co. v. Monticello & Port Jervis Railway Co.New York Court of Appeals · 1875
- Chase National Bank v. . FaurotNew York Court of Appeals · 1896
- Strauss v. United Telegram Co.Massachusetts Supreme Judicial Court · 1895
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