Rand v. Cutler
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, to redeem land from a mortgage. The Superior Court entered a decree that the plaintiff was entitled to redeem, and to be subrogated to the defendants’ rights in a certain other mortgage, with costs to the plaintiff; and the defendants appealed to this court. The facts, so far as material to the point decided, appear in the opinion.
1Opinion of the CourtAllen, J.
This is a bill in equity to redeem land from a mortgage. The only - ground upon which the defendants contest the plaintiff’s right to redeem is that his title was devested by a sale on execution against him. The plaintiff contends that the levy and sale were invalid, and assigns as one of his reasons that the sheriff’s return does not show the dates of either the personal notice or the published notice of the sale.
By Pub. Sts. c. 172, § 29, when land is to be sold on execution, “ the officer shall give notice in writing of the time and place of sale to the debtor, if found within his…
2Cases cited4 opinions
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Wellington v. GaleMassachusetts Supreme Judicial Court · 1816
- Parker v. AbbottMassachusetts Supreme Judicial Court · 1880
- Slater v. LambMassachusetts Supreme Judicial Court · 1889
3Cited by9 opinions
- Federal Land Bank v. SmithSupreme Judicial Court of Maine · 1930
- New England Trust Co. v. New York Belting & Packing Co.Massachusetts Supreme Judicial Court · 1896
- Munsey Trust Co. v. United StatesUnited States Court of Claims · 1946
- Blake v. RogersMassachusetts Supreme Judicial Court · 1912
- Ryder v. Brockton Savings BankMassachusetts Supreme Judicial Court · 1921
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