Roche v. Farnsworth
Massachusetts Supreme Judicial Court
Bill in equity filed January 3, 1871, to redeem real estate in Boston from a mortgage held by the defendant Farnsworth, and to restrain Farnsworth from conveying, and Lawrence J. Riley, the other defendant, from receiving a conveyance of the land, in pursuance of a sale thereof by auction on December 31, 1870, under a power in 'the mortgage deed.
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Bill in equity filed January 3, 1871, to redeem real estate in Boston from a mortgage held by the defendant Farnsworth, and to restrain Farnsworth from conveying, and Lawrence J. Riley, the other defendant, from receiving a conveyance of the land, in pursuance of a sale thereof by auction on December 31, 1870, under a power in 'the mortgage deed. An injunction was issued, as prayed for; and at the subsequent hearing, before Wells, J., the material facts appeared as follows : On April 6, 1859, George G. Smith, then seised in fee of the real estate, mortgaged it to Amos Farnsworth, to secure…
1Opinion of the CourtCHAPMAFr, C. J.
Without considering the question whether, by the terms of the power of sale, the defendant Farnsworth was authorized to make a sale for nonpayment of the increased interest due under his contract with the plaintiff, we think there was a defect in the notice that rendered the sale invalid. It describes the mortgage as being made by George G. Smith to Amos Farnsworth, but does not name the present owners, who are the plaintiffs, nor the assignee of the mortgage, who is the defendant Farnsworth. It purports to be made by order of the assignee ; but does not name him, and is signed by no one.…
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