North Brookfield Savings Bank v. Flanders
Massachusetts Supreme Judicial Court
. Action, on the Pub. Sts. c. 175, to recover possession of an estate in Chelsea. Trial in the Superior Court, without a jury, before Bishop, J., who allowed a bill'of exceptions, in substance as follows. The plaintiff was the mortgagee of the estate in question under a mortgage containing a power of sale in the usual form, and with a provision authorizing the mortgagee to purchase at the sale.
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. Action, on the Pub. Sts. c. 175, to recover possession of an estate in Chelsea. Trial in the Superior Court, without a jury, before Bishop, J., who allowed a bill'of exceptions, in substance as follows. The plaintiff was the mortgagee of the estate in question under a mortgage containing a power of sale in the usual form, and with a provision authorizing the mortgagee to purchase at the sale. The mortgage being overdue, the board of investment of the plaintiff bank verbally requested one Batcheller, its treasurer, to cause the mortgage to be foreclosed, and he accordingly published notices…
1Opinion of the CourtLathrop, J.
The statute under which this action is brought provides: “ When a mortgage of real estate has been foreclosed by a sale under a power contained therein or otherwise, the person entitled to the premises may recover possession thereof in the manner hereinafter provided.” Pub. Sts. c. 175, § 1. The subsequent provisions give a summary process by a writ issued by a police, district, or municipal court, or trial justice. If the plaintiff obtains judgment in the inferior court, and the defendant appeals to the Superior Court, he must, by § 7, give a bond or recognizance conditioned for the entry of…
2Cases cited5 opinions
- Bristol County Savings Bank v. KeavyMassachusetts Supreme Judicial Court · 1880
- Trustees of Smith Charities v. ConnollyMassachusetts Supreme Judicial Court · 1892
- Holden v. UptonMassachusetts Supreme Judicial Court · 1883
- Warren v. JamesMassachusetts Supreme Judicial Court · 1881
- Lowe v. MooreMassachusetts Supreme Judicial Court · 1883
3Cited by10 opinions
- New England Mutual Life Insurance v. WingMassachusetts Supreme Judicial Court · 1906
- Sheehan Construction Co. v. DudleyMassachusetts Supreme Judicial Court · 1937
- Gerrity v. Wareham Savings BankMassachusetts Supreme Judicial Court · 1909
- Anderson v. ConnollyMassachusetts Supreme Judicial Court · 1941
- Boruchoff v. AyvasianMassachusetts Supreme Judicial Court · 1948
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