Mattel v. Conant
Massachusetts Supreme Judicial Court
Contract, to recover money remaining in the hands of a mortgagee from a sale of lands made by him under a power contained in the mortgage.
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Contract, to recover money remaining in the hands of a mortgagee from a sale of lands made by him under a power contained in the mortgage. At the trial in the Superior Court, before Blodgett, J. it appeared in evidence that on July 19, 1881, one Antoine Mattel made a mortgage of certain premises in Boston to the defendant for $4,000; that the power of sale in the mortgage was to sell in the name of the mortgagee "or his assigns, or as the attorney of the mortgagor, and to pay in the surplus, if any, of the money arising from .the sale to the mortgagor or his assigns; that on the same day, but…
1Opinion of the CourtBarker, J.
The defendant is sued for money remaining in his hands from a sale of lands made by him under a power contained in a mortgage. He has satisfied his mortgage debt, and admits that he holds money so acquired, and not belonging to himself, but contends that the plaintiffs cannot recover it because he has made no contract with them for its payment. The plaintiffs did not give the mortgage, and the mortgagor died before breach of condition, and the sale was made after his death. The plaintiffs are no doubt strangers to the contract which the defendant, by accepting the mortgage, made with the…
2Cases cited7 opinions
- Thomas v. BealsMassachusetts Supreme Judicial Court · 1891
- Wiggin v. HeywoodMassachusetts Supreme Judicial Court · 1875
- Moore v. SpiegelMassachusetts Supreme Judicial Court · 1887
- Cook v. BasleyMassachusetts Supreme Judicial Court · 1877
- City of Lowell v. WentworthMassachusetts Supreme Judicial Court · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Powers v. HeggieMassachusetts Supreme Judicial Court · 1929
- Cook v. . CookSupreme Court of North Carolina · 1912
- Knowles v. SullivanMassachusetts Supreme Judicial Court · 1902
- Dennett v. PerkinsMassachusetts Supreme Judicial Court · 1913
- Pilok v. BednarskiMassachusetts Supreme Judicial Court · 1918
10 more not listed; retrieve them via the Exa API.