Clark v. Griffin
Massachusetts Supreme Judicial Court
Action on the Pub. Sts. c. 175, to recover possession of certain premises in Weston. Writ dated September 24, 1887. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal; on an agreed statement of facts, which so far as material was as follows.
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Action on the Pub. Sts. c. 175, to recover possession of certain premises in Weston. Writ dated September 24, 1887. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal; on an agreed statement of facts, which so far as material was as follows. On May 18, 1876, Sophia A. Clark conveyed the premises in question to the defendant by a warranty deed in the usual form, and the defendant gave her back a mortgage containing a power of sale to secure his note for a portion of the purchase money; and on May 26, 1887, she duly advertised the…
1Opinion of the CourtMorton, C. J.
The right of the plaintiff to maintain this action depends upon the question whether the mortgage given by the defendant to Sophia A. Clark was foreclosed by the sale to the plaintiff under the power of sale contained therein. Pub. Sts. c. 175, § 1. Lowe v. Moore, 134 Mass. 259. It is admitted that the mortgagee complied with all the requirements of the mortgage in making the sale, and gave a deed in due form to the plaintiff; but before the sale took place, though after the advertisement, the defendant brought a bill to redeem, in which he in substance offered to pay such sum as should be…
2Cases cited2 opinions
- Way v. MullettMassachusetts Supreme Judicial Court · 1886
- Lowe v. MooreMassachusetts Supreme Judicial Court · 1883
3Cited by4 opinions
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- Skolnick v. GreenburgMassachusetts Supreme Judicial Court · 1918