Rose v. Fall River Five Cents Savings Bank
Massachusetts Supreme Judicial Court
Bill ir equity, to set aside a foreclosure by sale under a power in a mortgage, and to redeem. Trial in the Superior Court, before Hammond, J., who reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is a bill to set aside a foreclosure sale under a power in a mortgage, and to redeem. The ground on which the sale is alleged to be void is that notice of it was not printed in a “ newspaper, if there is any, published in the city or town wherein the mortgaged premises are situated,” as required by Pub. Sts. c. 181, § 17. The premises are in the town of Dighton. The publication was in the Fall River News. The question is whether there was any newspaper published in Dighton. The paper relied on by the plaintiff was one called the Dighton Rock. It appeared that newspapers all having the…
2Cases cited1 opinion
- Bourke v. CallananMassachusetts Supreme Judicial Court · 1893
3Cited by16 opinions
- Conners v. City of LowellMassachusetts Supreme Judicial Court · 1911
- Tourtillotte v. TourtillotteMassachusetts Supreme Judicial Court · 1910
- Loos v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1939
- State v. BassSupreme Judicial Court of Maine · 1903
- City of Plainfield v. Courier NewsSupreme Court of New Jersey · 1976
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