Tetrault v. Fournier
Massachusetts Supreme Judicial Court
Bill in equity, filed May 18, 1903, by the heirs at law of Julia Tetrault, deceased intestate, to redeem certain real estate in Fall River from a foreclosure under a mortgage, and for an accounting.
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Bill in equity, filed May 18, 1903, by the heirs at law of Julia Tetrault, deceased intestate, to redeem certain real estate in Fall River from a foreclosure under a mortgage, and for an accounting. The bill alleged, that on February 19, 1885, Julia Tetrault made a mortgage of the premises to the Warren Institution for Savings, doing business at Warren in the State of Rhode Island, to secure the payment of a loan of $13,000 and interest thereon at the rate of six per cent per annum; that before July 30, 1887, $1,000 had been paid on account of the principal, and all interest then due had been…
1Opinion of the CourtLoring, J.
The case made by the bill as originally filed (assuming that the allegations were sufficiently precise to state a case) is that both foreclosures are voidable because of fraud and mismanagement of the mortgagee while in possession, and of a refusal to account on demand. It is not pretended that the mortgagor or her heirs, the present plaintiffs, were ignorant of the fact that the mortgage had been foreclosed. It appears that more than ten years have elapsed since the date of the later foreclosure. That convicts the plaintiffs and their ancestor of laches. Learned v. Foster, 117 Mass. 865.…
2Cases cited15 opinions
- Fogg v. BlairSupreme Court of the United States · 1891
- Denton v. NoyesNew York Supreme Court · 1810
- Van Weel v. WinstonSupreme Court of the United States · 1885
- Ives v. SargentSupreme Court of the United States · 1887
- United States v. AthertonSupreme Court of the United States · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- McGrath v. C. T. Sherer Co.Massachusetts Supreme Judicial Court · 1935
- Chace v. MorseMassachusetts Supreme Judicial Court · 1905
- Chandler v. LallyMassachusetts Supreme Judicial Court · 1941
4 more not listed; retrieve them via the Exa API.