Holbrook v. Brown
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on December 30, 1911,' against Frank H. Brown and Ellen T. Brown his wife, in which the plaintiff averred that he was the assignee of a mortgage on certain property in Massachusetts, the mortgagee being a savings bank; that the defendant Frank H. Brown was one of two sons of the mortgagor, who had died intestate on December 19, 1907; that after the death of the mortgagor the defendant Frank H. Brown, although specifically assuring…
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Bill in equity, filed in the Superior Court on December 30, 1911,' against Frank H. Brown and Ellen T. Brown his wife, in which the plaintiff averred that he was the assignee of a mortgage on certain property in Massachusetts, the mortgagee being a savings bank; that the defendant Frank H. Brown was one of two sons of the mortgagor, who had died intestate on December 19, 1907; that after the death of the mortgagor the defendant Frank H. Brown, although specifically assuring the mortgagee that he either would provide for the payment of taxes, for the collection of which from time to time sales…
1Opinion of the CourtBraley, J.
The defendants alone having appealed from the final decree, the question before us is whether the plaintiff is entitled to the relief granted. Holbrook v. Schofield, 211 Mass. 234.
It is sufficiently certain that the period in which the bank as mortgagee or the plaintiff could have redeemed from the first sale as of right under the R. L. c. 13, § 58, now St. 1909, c. 490, Part II, § 59, cl. 4, had expired at the date of filing the bill. The plaintiff, however, is not without a remedy. By the R. L. c. 13, s. 75, as amended by St. 1905, c. 325, § 3, and codified in St. 1909, c. 490, Part II, §…
2Cases cited15 opinions
- Cohen v. NagleMassachusetts Supreme Judicial Court · 1906
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Hills v. EliotMassachusetts Supreme Judicial Court · 1815
- Potter v. KimballMassachusetts Supreme Judicial Court · 1904
- Swasey v. EmersonMassachusetts Supreme Judicial Court · 1897
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sampson v. SampsonMassachusetts Supreme Judicial Court · 1916
- Glazier v. EverettMassachusetts Supreme Judicial Court · 1916
- United States Trust Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1923
- Isbell v. MillsMassachusetts Supreme Judicial Court · 1918
- Hutchings v. ClerkMassachusetts Supreme Judicial Court · 1917
1 more not listed; retrieve them via the Exa API.