Whelan v. Exchange Trust Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on May 9,1912, alleging that the plaintiffs had established mechanics’ liens on certain land and a building thereon in that part of Quincy called Wollaston, amounting to $1,851.33; that the defendant Exchange Trust Company took a construction loan mortgage on the land for the ostensible sum of $6,000 dated March 29, 1911, and recorded in the Norfolk registry of deeds, that the contracts on which the plaintiffs’ liens were…
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Bill in equity, filed in the Superior Court on May 9,1912, alleging that the plaintiffs had established mechanics’ liens on certain land and a building thereon in that part of Quincy called Wollaston, amounting to $1,851.33; that the defendant Exchange Trust Company took a construction loan mortgage on the land for the ostensible sum of $6,000 dated March 29, 1911, and recorded in the Norfolk registry of deeds, that the contracts on which the plaintiffs’ liens were established were made early in April, 1911, and that when such contracts were made only a very small amount of money had been…
1Opinion of the CourtBraley, J.
The liens of the plaintiffs for labor have been established as of a date subsequent to the recorded mortgage given *123by Albertie W. Soutter, the owner of the premises, to the defendant trust company, and, after maturity, assigned by it to the defendant Brown and by him to the defendant Conant. A decree, establishing the liens as the superior incumbrance, is asked for by the bill.
Upon its face the mortgage purports to be security for the payment of the promissory note of the mortgagor for $6,000. But the paroi evidence leaves no doubt, and the judge rightly assumed, that the actual consideration…
2Cases cited2 opinions
- Gerrity v. Wareham Savings BankMassachusetts Supreme Judicial Court · 1909
- Hall v. TayMassachusetts Supreme Judicial Court · 1881
3Cited by13 opinions
- Franklin v. North Weymouth Cooperative BankMassachusetts Supreme Judicial Court · 1933
- Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
- Evans Products Co. v. D. J. Development Corp.Massachusetts Appeals Court · 1978
- Waverley Co-operative Bank v. HanerMassachusetts Supreme Judicial Court · 1930
- Landers-Morrison-Christenson Co. v. Ambassador Holding Co.Supreme Court of Minnesota · 1927
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