Legal Opinion

Briggs v. Briggs

Massachusetts Supreme Judicial Court

Decided September 6, 1883PublishedCited by 16 opinions

Bill in equity, filed February 4, 1881, to redeem a parcel of land in Rochester, in this county, from two mortgages. The case was referred to a master, whose report was in substance as follows: The first mortgage was made on December 9, 1875, and was from the plaintiff to the defendant, of one undivided half of the' land, for $600, payable on demand, with interest at the rate of six per cent. The plaintiff’s wife released dower.

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Bill in equity, filed February 4, 1881, to redeem a parcel of land in Rochester, in this county, from two mortgages. The case was referred to a master, whose report was in substance as follows: The first mortgage was made on December 9, 1875, and was from the plaintiff to the defendant, of one undivided half of the' land, for $600, payable on demand, with interest at the rate of six per cent. The plaintiff’s wife released dower. The second mortgage was dated January 15, 1877. It was from the plaintiff to John T. Atsatt and son, and was a mortgage of the whole farm for $150, payable in three…

1Opinion of the CourtW. Allen, J.

The master correctly found that the defendant failed, in both sales of the mortgaged land, properly to protect the rights and interests of the plaintiff. The publications of notice were in a newspaper which had no circulation in the town where the land was situated, and, although made in three successive weeks, the first publication of one sale was only eleven days, and of the other only twelve days before the sale advertised. The notice failed to attract bidders. The few persons present at the sales were all there in the interest of the defendant, or upon a verbal notice of the sale from…

2Cases cited4 opinions

  1. Dexter v. ShepardMassachusetts Supreme Judicial Court · 1875
  2. Drinan v. NicholsMassachusetts Supreme Judicial Court · 1874
  3. Thompson v. HeywoodMassachusetts Supreme Judicial Court · 1880
  4. Roche v. FarnsworthMassachusetts Supreme Judicial Court · 1871

3Cited by16 opinions

  1. Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
  2. Lynn v. AllenIndiana Supreme Court · 1896
  3. Hayden v. SmithSupreme Court of Alabama · 1927
  4. Reisenberg v. HankinsCourt of Appeals of Texas · 1924
  5. Harrison v. HanveySupreme Court of North Carolina · 1965

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