Fitchburg Co-operative Bank v. Normandin
Massachusetts Supreme Judicial Court
Contract for a balance of $1,198.03, alleged to be due upon a note, secured by a mortgage of real estate, after foreclosure of the mortgage. Writ dated March 15, 1919. In the Superior Court the action was tried before N. P. Brown, J. It appeared that a certificate of the entry on July 2, 1915, to foreclose the mortgage was recorded on August 3, 1915. Other material facts and rulings by the judge are described in the opinion.
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Contract for a balance of $1,198.03, alleged to be due upon a note, secured by a mortgage of real estate, after foreclosure of the mortgage. Writ dated March 15, 1919. In the Superior Court the action was tried before N. P. Brown, J. It appeared that a certificate of the entry on July 2, 1915, to foreclose the mortgage was recorded on August 3, 1915. Other material facts and rulings by the judge are described in the opinion. By order of the judge the jury found for the defendants; and the plaintiff alleged exceptions.
1Opinion of the CourtBraley, J.
The defendants mortgaged to the plaintiff a parcel of real property and, the conditions of the mortgage having been broken, the mortgagee made a peaceable entry upon the premises on July 2, 1915, for the purposes of foreclosure, and thereafter remained in uninterrupted possession for more than three years, collecting and retaining the rents and profits. But no memorandum or certificate of the entry was recorded as required by the statute. A second entry for the purpose of foreclosing the mortgage was made by the plaintiff on January 22,1919, and the certificate required by B. L. c. 187, § 2,…
2Cases cited11 opinions
- Field v. GoodingMassachusetts Supreme Judicial Court · 1871
- Draper v. MannMassachusetts Supreme Judicial Court · 1875
- Amory v. FairbanksMassachusetts Supreme Judicial Court · 1793
- Fletcher v. CaryMassachusetts Supreme Judicial Court · 1870
- Dooley v. PotterMassachusetts Supreme Judicial Court · 1885
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