Temple v. Phelps
Massachusetts Supreme Judicial Court
vWrit of entry, dated February 11,1903, to recover certain lands in Williamstown claimed by the plaintiff as purchaser at a foreclosure sale upon alleged default in the performance of the condition of a mortgage given by the tenant to one Mary E. Phelps, the tenant’s' mother.
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vWrit of entry, dated February 11,1903, to recover certain lands in Williamstown claimed by the plaintiff as purchaser at a foreclosure sale upon alleged default in the performance of the condition of a mortgage given by the tenant to one Mary E. Phelps, the tenant’s' mother. In the Superior Court the case was tried before Hitchcock, J. The tenant had filed a plea setting forth several defences but before going to trial the parties entered into the following agreement : “ It is agreed that all defences in this action are waived except the one issue raised in the second specification of the…
1Opinion of the CourtKnowlton, C. J.
This is a real action in which the demand-ant seeks to establish a title to certain land. He acquired the title through a foreclosure of a mortgage under a power of sale. By agreement of the parties the case was tried before a jury on the single issue, “ Whether at the time of the foreclosure of the mortgage given by George L. Phelps to Mary E. Phelps, there was a breach of the condition of the mortgage.” This instrument “ was dated August 27,1888, and was in the usual form of power of sale mortgages and was given to secure the payment of seventy dollars to the said Mary E. Phelps, each and…
2Cases cited10 opinions
- Hager v. ShindlerCalifornia Supreme Court · 1865
- Rogers v. BarnesMassachusetts Supreme Judicial Court · 1897
- New England Mutual Life Insurance v. WingMassachusetts Supreme Judicial Court · 1906
- City of Roxbury v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1850
- Brandt ex dem. Van Cortlandt v. KleinNew York Supreme Court · 1820
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Commonwealth v. GalloMassachusetts Supreme Judicial Court · 1931
- Peters v. WallachMassachusetts Supreme Judicial Court · 1975
- Drew v. DrewMassachusetts Supreme Judicial Court · 1924
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
- Commonwealth v. DiPietroMassachusetts Supreme Judicial Court · 1977
11 more not listed; retrieve them via the Exa API.