John Hancock Mutual Life Insurance v. Lester
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk on July 16, 1919, for the foreclosure of mortgages. The suit was heard by Jenney, J. Material facts found by him are described in the opinion. He made a report stating his findings of fact and, at the request of the parties, reserved the case for determination by the full court.
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Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk on July 16, 1919, for the foreclosure of mortgages. The suit was heard by Jenney, J. Material facts found by him are described in the opinion. He made a report stating his findings of fact and, at the request of the parties, reserved the case for determination by the full court. U. S. St. 1918, c. 20, § 302, approved March 8,1918, is as follows: “ (1) That the provisions of this section shall apply only to obligations originating prior to the date of approval of this act and secured by mortgage, trust deed, or other…
1Opinion of the CourtJennet, J.
It is well settled that during the time the “soldiers’ and sailors’ civil relief act” is in force a mortgagee forecloses under a power of sale contained in a mortgage at his own peril “unless upon an order of sale previously granted by the court and a return thereto made and approved” by it; and that while a sale is not necessarily bad, it is of no validity if made during the “military service” of an owner of the land, or within three months thereafter, if consummated without such order and return. U. S. St. 1918, c. 20, § 302 (40 U. S. Sts. at Large, 444). Hoffman v. Charlestown *561Five Cents…
2Cases cited9 opinions
- Kerrison v. StewartSupreme Court of the United States · 1876
- Hocker v. GentryCourt of Appeals of Kentucky · 1861
- Hoffman v. Charlestown Five Cents Savings BankMassachusetts Supreme Judicial Court · 1918
- Colorado & Southern Railway Co. v. BlairNew York Court of Appeals · 1915
- Morse v. StoberMassachusetts Supreme Judicial Court · 1919
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3Cited by17 opinions
- Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
- Commonwealth v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1922
- Guleserian v. Pilgrim Trust Co.Massachusetts Supreme Judicial Court · 1954
- Lincoln Joint Stock Land Bank v. MitchellSupreme Court of Iowa · 1948
- Godwin v. GerlingSupreme Court of Missouri · 1951
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