Maguire v. Spaulding
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on January 18, 1906, by Patrick T. Maguire, a judgment creditor of Arthur Shay and John R. Murphy, copartners doing business under the name of Arthur Shay and Company, to compel John L. Spaulding, the junior of that name, the' assignee of a mortgage upon certain real estate on Lauriat Avenue in that part of Boston called Dorchester belonging, subject to such mortgage, to Shay or Murphy, to apply to the payment of the plaintiff’s…
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Bill in equity, filed in the Superior Court on January 18, 1906, by Patrick T. Maguire, a judgment creditor of Arthur Shay and John R. Murphy, copartners doing business under the name of Arthur Shay and Company, to compel John L. Spaulding, the junior of that name, the' assignee of a mortgage upon certain real estate on Lauriat Avenue in that part of Boston called Dorchester belonging, subject to such mortgage, to Shay or Murphy, to apply to the payment of the plaintiff’s judgment any surplus from the foreclosure sale of the mortgaged real estate remaining in his hands after the satisfaction…
1Opinion of the CourtMorton, J.
The question is whether the plaintiff or the lienors are entitled to the surplus in the hands of the mortgagee. It is conceded by the plaintiff that the liens when filed took effect as of a date prior to his attachment. Petitions were brought to enforce the liens, but, although the amounts due were determined, they never were prosecuted to final judgment, — the reason being that the property had been sold under foreclosure proceedings, — and the plaintiff contends that the lienors have no rights in and to the fund, and that, it having been secured by his superior diligence, he is entitled to…
2Cases cited7 opinions
- Case v. BeauregardSupreme Court of the United States · 1880
- Edmeston v. LydeNew York Court of Chancery · 1829
- Freedman's Savings & Trust Co. v. EarleSupreme Court of the United States · 1884
- Wiggin v. HeywoodMassachusetts Supreme Judicial Court · 1875
- Carver v. PeckMassachusetts Supreme Judicial Court · 1881
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3Cited by7 opinions
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- LaCentra v. JacksonMassachusetts Supreme Judicial Court · 1923
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