O'Reiley v. Bevington
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, against Thomas Bevington and the Andover Savings Bank, for the conveyance of real estate to the plaintiff by Bevington free from a mortgage to the savings bank, and for an accounting. The case was reserved by Blodgett, J. for the determination of this court, and was as follows. A master, to whom the case was referred, found the following facts.
Read the full summary
Bill in equity, filed in the Superior Court, against Thomas Bevington and the Andover Savings Bank, for the conveyance of real estate to the plaintiff by Bevington free from a mortgage to the savings bank, and for an accounting. The case was reserved by Blodgett, J. for the determination of this court, and was as follows. A master, to whom the case was referred, found the following facts. The plaintiff was the owner of the real estate in question, which consisted of two parcels of land in Lawrence, with dilapidated buildings thereon, and partially occupied by the plaintiff and by tenants of…
1Opinion of the CourtKnowlton, J.
If the defendant Bevington, while in possession of the plaintiff’s real estate under the lease and the agreement, having income from the property with which to pay the interest on the mortgage to the Andover Savings Bank, had neglected to pay the interest, and permitted the property to be sold under the mortgage and had bought it, it is very clear that a court of equity, on the application of the plaintiff, would have deprived him of the benefits of the sale. But the master has found that, having acted discreetly and properly in the management of the property, he had no money with which…
2Cited by6 opinions
- Goldman v. Harford Road Building Ass'nCourt of Appeals of Maryland · 1926
- Rowe v. FreemanOregon Supreme Court · 1918
- Gulf, C. & S. F. Ry. Co. v. Cities Service Co.District Court, D. Delaware · 1921
- Clark v. DelanoMassachusetts Supreme Judicial Court · 1910
- Marquam v. RossOregon Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.