Clark v. Delano
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on August 2, 1909, by the surviving trustee under the will of William R. Clark, late of Boston, who as such trustee was on June 26, 1909, the owner, subject to a mortgage, of certain lots of land in that part of Boston called Dorchester, which on that day were purchased by the defendant in his own behalf at a foreclosure sale for the sum of $6,500, which sum the defendant procured by making a new mortgage of the land,…
Read the full summary
Bill in equity, filed in the Supreme Judicial Court on August 2, 1909, by the surviving trustee under the will of William R. Clark, late of Boston, who as such trustee was on June 26, 1909, the owner, subject to a mortgage, of certain lots of land in that part of Boston called Dorchester, which on that day were purchased by the defendant in his own behalf at a foreclosure sale for the sum of $6,500, which sum the defendant procured by making a new mortgage of the land, alleging that when the defendant purchased the land he was in the relation of broker to the plaintiff, by whom he had been…
1Opinion of the CourtKnowlton, C. J.
On June 3, 1909, the plaintiff was the owner of certain real estate in Boston, subject to a mortgage of $5,500 and interest, held by one Roberts, and to a lien for unpaid taxes. The mortgagee had previously requested payment of the mortgage debt, and on that day he began proceedings for a foreclosure of the mortgage by giving notice of a sale under a power in the mortgage, to take place on June 26,1909. The plaintiff sought to raise money to pay the debt, either by giving a new mortgage or by procuring an assignment of the old mortgage as collateral security. With this in view he applied to…
2Cases cited2 opinions
- Collins v. SullivanMassachusetts Supreme Judicial Court · 1883
- O'Reiley v. BevingtonMassachusetts Supreme Judicial Court · 1891
3Cited by7 opinions
- Essex Trust Co. v. EnwrightMassachusetts Supreme Judicial Court · 1913
- Goldman v. Harford Road Building Ass'nCourt of Appeals of Maryland · 1926
- Berenson v. NirensteinMassachusetts Supreme Judicial Court · 1950
- Abbott v. BeanMassachusetts Supreme Judicial Court · 1934
- Kauder v. LautmanNew Jersey Court of Chancery · 1933
2 more not listed; retrieve them via the Exa API.