Foster v. Wightman
Massachusetts Supreme Judicial Court
Bill in equity by James Foster and Mary Hersey against Joseph O. Wightman and William I. Goodrich to restrain the sale of a parcel of land under a power contained in a mortgage from Hersey to Wightman, and assigned by him to Goodrich.
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Bill in equity by James Foster and Mary Hersey against Joseph O. Wightman and William I. Goodrich to restrain the sale of a parcel of land under a power contained in a mortgage from Hersey to Wightman, and assigned by him to Goodrich. The bill alleged in substance that Hersey, being the owner of the land, with her husband, made the mortgage to Wightman to secure the payment of a certain note made by them; that Wight-man obtained the mortgage and note by fraud; that Wightman assigned the mortgage and note to Goodrich to secure certain indebtedness; that Hersey had conveyed all her interest in…
1Opinion of the CourtMorton, J.
The. plaintiffs having discontinued against the defendant Wightman, the case stands as if Foster had brought the bill against Goodrich alone to restrain him from foreclosing his mortgage by a sale under the power therein contained. The principles which control it are the same as if Goodrich had brought a writ of entry to foreclose his mortgage. This being so, the case is governed by Fairfield v. McArthur, 15 Gray, 526, in which it was held that a grantee of a mortgagor could not set up, in defence of a writ of entry to foreclose the mortgage, the fraud of the mortgagee, though the plaintiff,…
2Cited by7 opinions
- Michigan Savings & Loan Ass'n v. AtteberyCourt of Appeals of Texas · 1897
- Nickerson v. Massachusetts Title InsuranceMassachusetts Supreme Judicial Court · 1901
- People's Savings Bank of Woonsocket v. JamesMassachusetts Supreme Judicial Court · 1901
- Kaufman v. BurchinellColorado Court of Appeals · 1900
- Foster v. GoodrichMassachusetts Supreme Judicial Court · 1879
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