Bangs v. Fallon
Massachusetts Supreme Judicial Court
Bill in equity by eight creditors of Benjamin F. Kenerson against John B. B'allon, Benjamin F. Kenerson, Royal B. Kenerson and Ellen P. Kenerson, for an account of the surplus proceeds of a foreclosure sale in the hands of the defendant Fallon, as mortgagee under a mortgage made by the defendant Benjamin F. Kenerson and foreclosed by Fallon, and a distribution of such balance of purchase money among the plaintiffs in proportion to their respective claims, filed August…
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Bill in equity by eight creditors of Benjamin F. Kenerson against John B. B'allon, Benjamin F. Kenerson, Royal B. Kenerson and Ellen P. Kenerson, for an account of the surplus proceeds of a foreclosure sale in the hands of the defendant Fallon, as mortgagee under a mortgage made by the defendant Benjamin F. Kenerson and foreclosed by Fallon, and a distribution of such balance of purchase money among the plaintiffs in proportion to their respective claims, filed August 3,1898, and amended September 6, 1898. In the Superior Court, the case was referred to Henry S. Dewey, Esquire, as master, and…
1Opinion of the CourtHammond, J.
1. As to the allowance of $50 for counsel fees. The bill when filed contained a prayer for injunction against a sale, and this expense was incurred by.the mortgagee in preventing or removing an injunction. It was a part of the expense of the foreclosure proceedings, was reasonably necessary, and was therefore rightly allowed.
2. As to the allowance of $277, paid to the auctioneer for services in selling the property. Upon this the master reports that it appeared in evidence that this charge, being at the rate of one per cent on the purchase price, was the ordinary and customary charge of…
2Cases cited4 opinions
- Frost v. BeekmanNew York Court of Chancery · 1814
- Richards v. HolmesSupreme Court of the United States · 1856
- Lewin v. FolsomMassachusetts Supreme Judicial Court · 1898
- May v. GatesMassachusetts Supreme Judicial Court · 1884
3Cited by18 opinions
- Burrage v. County of BristolMassachusetts Supreme Judicial Court · 1911
- Sears v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1913
- Leventhal v. KrinskyMassachusetts Supreme Judicial Court · 1950
- Phillips v. VorenbergMassachusetts Supreme Judicial Court · 1927
- Everett Credit Union v. Allied Ambulance Services, Inc.Massachusetts Appeals Court · 1981
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