Lord v. Hartford
Massachusetts Supreme Judicial Court
Contract, to recover the value of a mortgage given by Albert H. Greenough upon certain real estate in Boston, to secure the payment of a promissory note for $1,300, with counts in tort for the conversion of the same. Trial in the Superior Court, without a jury, before Graskill, J., who allowed a bill of exceptions, in substance as follows.
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Contract, to recover the value of a mortgage given by Albert H. Greenough upon certain real estate in Boston, to secure the payment of a promissory note for $1,300, with counts in tort for the conversion of the same. Trial in the Superior Court, without a jury, before Graskill, J., who allowed a bill of exceptions, in substance as follows. The plaintiff introduced in evidence a certified copy of the mortgage, and án assignment thereof from the plaintiff, in the name of Anna B. Pinkham, to the defendant, absolute in form, and also, against the objection of the defendant, was allowed to…
1Opinion of the CourtLoring, J.
The defendant’s first contention is that Pub. Sts. Co 192, §§ 10, 11, had not been enacted when Middlesex Bank v. Minot, 4 Met. 325, was decided, and that the rule applied in that case does not apply to a sale made under the provisions of the subsequent act. It is true that Pub. Sts. c. 192, §§ 10, 11, had not been enacted in 1842, when Middlesex Bank v. Minot was decided; those provisions were originally enacted in 1859; Gen. Sts. c. 151, §§ 9, 10; but a pledgee is just as much precluded from buying in at a foreclosure sale under the act, as in a foreclosure sale held under the contract of…
2Cases cited5 opinions
- Rogers v. BarnesMassachusetts Supreme Judicial Court · 1897
- da Silva v. TurnerMassachusetts Supreme Judicial Court · 1896
- Fairbairn v. MeansCourt of Appeals of Kentucky · 1863
- Learned v. FosterMassachusetts Supreme Judicial Court · 1875
- Burns v. ThayerMassachusetts Supreme Judicial Court · 1874
3Cited by7 opinions
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Cambridge Savings Bank v. CroninMassachusetts Supreme Judicial Court · 1935
- Perry v. Manufacturers National BankMassachusetts Supreme Judicial Court · 1944
- Union Trust Co. v. HasseltineMassachusetts Supreme Judicial Court · 1909
- Seder v. GouldMassachusetts Supreme Judicial Court · 1931
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