Legal Opinion

Streeter v. Ilsley

Massachusetts Supreme Judicial Court

Decided February 28, 1890PublishedCited by 2 opinions

Action on the Pub. Sts. c. 175, against Alden B. Ilsley and Philip H. Ilsley, to recover possession of a parcel of land in Lowell. At the trial in the Superior Court, before Bishop, J., the jury returned a verdict for the plaintiff; and the defendants alleged exceptions, which appear in the opinion.

1Opinion of the CourtDevens, J.

It is urged by the defendants, that the power of. sale contained in the mortgage made by them to the Andover Savings Bank of the premises of which possession is sought by this process was not legally executed, and thus that no title passed to Kingsley and Woodward, who were the purchasers at the sale. The plaintiff claims the premises by virtue of a written lease, under seal, from Kingsley and Woodward, and the defendants are lessees at will of Kingsley and Woodward, and had attorned to them after their purchase and the delivery of the deed to them from the Andover Savings Bank. The…

2Cases cited2 opinions

  1. Palmer v. BowkerMassachusetts Supreme Judicial Court · 1871
  2. Streeter v. IlsleyMassachusetts Supreme Judicial Court · 1888

3Cited by2 opinions

  1. Chace v. MorseMassachusetts Supreme Judicial Court · 1905
  2. Holzman v. Bristol County Savings BankMassachusetts Supreme Judicial Court · 1931

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