Wilson v. Bryant
Massachusetts Supreme Judicial Court
Two appeals from decrees of the Court of Insolvency, allowing claims of the plaintiff against the estate of Henry B. Williams, an insolvent debtor, of which the defendant was assignee in insolvency.
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Two appeals from decrees of the Court of Insolvency, allowing claims of the plaintiff against the estate of Henry B. Williams, an insolvent debtor, of which the defendant was assignee in insolvency. The cases were submitted to the Superior Court upon the following statement of facts : Before and on May 1, 1872, Charles B. Wilson, the plaintiff, was the owner of a parcel of land in Boston, subject to a mortgage made by him, on April 29, 1871, to Charles Amory and others, trustees, to secure the payment of his note to them for $20,000, in three years, with interest. On May 1,1872, Wilson, in…
1Opinion of the CourtC. Allen, J.
The purchaser of an equity of redemption of land mortgaged it to his vendor to secure a part of the purchase money, and then conveyed his interest in the land to a stranger; *294and several years afterwards went into insolvency. The mortgagee, without any order of court, but under a power of sale contained in the mortgage, made sale of the mortgaged premises for less than the amount of the mortgage debt, and applied the proceeds in part satisfaction thereof, and offered to prove the balance against the estate of the debtor in insolvency. The question is whether he can be allowed to make such…
2Cases cited9 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1879
- Roby v. PhelonMassachusetts Supreme Judicial Court · 1875
- In re BabcockU.S. Circuit Court for the District of Massachusetts · 1844
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Killoren v. HernanMassachusetts Supreme Judicial Court · 1939
- Baldwin v. EmerySupreme Judicial Court of Maine · 1897
- Franklin County National Bank v. First National BankMassachusetts Supreme Judicial Court · 1885
- Beacon Trust Co. v. RobbinsMassachusetts Supreme Judicial Court · 1899
5 more not listed; retrieve them via the Exa API.