Marcus v. Collamore
Massachusetts Supreme Judicial Court
Bell in equity, filed September 13, 1895, against John H. Collamore and Francis M. Learned, to set aside a sale of land in Boston under a power in a mortgage made by the plaintiff to one Fuller, and assigned to the defendant Collamore, the other defendant being the purchaser at the sale ; and to redeem the premises. Hearing before Morton, J., who dismissed the bill, and reported the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is a bill to set aside a foreclosure of a mortgage. It is found that there was a breach of condition, that the requirements of the mortgage as to advertisement were fulfilled, and that all the proceedings were conducted and the purchase made in good faith. Before the day fixed for the sale, the plaintiff got a temporary injunction. The auctioneer saw no .one present at the appointed place, and there was but one person present in fact. The auctioneer adjourned the sale without reading the advertisement or going through the form of a proclamation, to July 2, and again in like manner, there…
2Cases cited2 opinions
- Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Stevenson v. DanaMassachusetts Supreme Judicial Court · 1896
3Cited by5 opinions
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- Fennyery v. RansomMassachusetts Supreme Judicial Court · 1898
- Fitzgerald v. First National BankMassachusetts Appeals Court · 1999
- Way v. DyerMassachusetts Supreme Judicial Court · 1900
- Beacon Hill Land Co. v. BowenSupreme Court of Rhode Island · 1912