McGreevey v. Charlestown Five Cents Savings Bank

This is an action of contract or tort — the plaintiff being in doubt as to which class of action her cause *481belongs — in which damages are sought for failure of the defendant to exercise properly the power of sale contained in a mortgage of real estate.

The declaration is in four counts. Count 1 recites in substance that the plaintiff, on or about November 1, 1933, was the owner of a one-third undivided interest in a parcel of land situated in Medford in this Commonwealth; that the defendant was the holder of a mortgage covering the land; that, for breach of condition, the defendant undertook…