Waltham Co-operative Bank v. Barry
Massachusetts Supreme Judicial Court
■ Bill in equity, filed on April 28, 1917, by the Waltham Cooperative Bank, a corporation, against William J. Barry and Nellie T. Barry, his wife, also against a second mortgagee and certain attaching creditors, seeking the cancellation of a discharge of a mortgage to the plaintiff, which was entered by mistake on the margin of the record of such mortgage in the registry of deeds for the Middlesex South District, the mortgage never having been paid.
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■ Bill in equity, filed on April 28, 1917, by the Waltham Cooperative Bank, a corporation, against William J. Barry and Nellie T. Barry, his wife, also against a second mortgagee and certain attaching creditors, seeking the cancellation of a discharge of a mortgage to the plaintiff, which was entered by mistake on the margin of the record of such mortgage in the registry of deeds for the Middlesex South District, the mortgage never having been paid. The case was heard by J. F. Brown, J., who made a memorandum of decision as follows: v “The plaintiff held two mortgages, one given by Nat. C.…
1Opinion of the CourtBraley, J.
If Barry, the defendant mortgagor, were the only party against whom relief is sought, the mistake of the plaintiff's treasurer in discharging the unpaid mortgage on the margin of the land records under the provisions of R. L. c. 127, § 34, as amended by St. 1908, c. 149, could be rectified by the decree for cancellation which was entered by the trial court. Swasey v. Emerson, 168 Mass. 118. Holbrook v. Schofield, 211 Mass. 234.
But the defendants McGlinchey and the Pittsburgh Plate Glass Company after the discharge had been recorded and without actual notice of the mistake, having attached the…
2Cases cited12 opinions
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Livingstone v. MurphyMassachusetts Supreme Judicial Court · 1905
- Swasey v. EmersonMassachusetts Supreme Judicial Court · 1897
- Wenz v. PasteneMassachusetts Supreme Judicial Court · 1911
- Cowley v. McLaughlinMassachusetts Supreme Judicial Court · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- O'Gasapian v. DanielsonMassachusetts Supreme Judicial Court · 1933
- Lamson & Co. v. AbramsMassachusetts Supreme Judicial Court · 1940
- Stoneham Five Cents Savings Bank v. JohnsonMassachusetts Supreme Judicial Court · 1936
- General Builders Supply Co. v. Arlington Co-Operative BankMassachusetts Supreme Judicial Court · 1971
- Brewster v. WestonMassachusetts Supreme Judicial Court · 1920
9 more not listed; retrieve them via the Exa API.