Clark v. Simmons
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, to redeem land in Hanson from several mortgages. Hearing before Hammond, J., who found the following facts.
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Bill in equity, filed in the Superior Court, to redeem land in Hanson from several mortgages. Hearing before Hammond, J., who found the following facts. Edwin J. Brewster, who then owned the land in question, successively gave four mortgages thereof to Martin Howland, the last of which was dated June 27, 1884, the first three, which were duly recorded before December 1, 1884, being for two hundred and fifty dollars each, and the fourth, which was not recorded until December 8,1884, being for one hundred and fifty dollars. On August 30, 1884, Brewster executed a fifth mortgage, which was duly…
1Opinion of the CourtKnowlton, J.
On the facts found, the plaintiff does not attack that part of the decree which adjudges that the fourth mortgage of Brewster to Howland, assigned to the defendant, is good against the plaiútiff, and the only question before us arises on the defendant’s contention that the sale made by him under the power contained in the first mortgage is valid.
It has repeatedly been held in this Commonwealth, and elsewhere, that a' mortgagee who attempts to execute a power of sale- contained in the mortgage is bound to exercise good faith, and to use reasonable diligence to protect the rights and interests…
2Cases cited5 opinions
- Learned v. GeerMassachusetts Supreme Judicial Court · 1885
- Drinan v. NicholsMassachusetts Supreme Judicial Court · 1874
- Thompson v. HeywoodMassachusetts Supreme Judicial Court · 1880
- Briggs v. BriggsMassachusetts Supreme Judicial Court · 1883
- Horsey v. Hough ex rel. HoughCourt of Appeals of Maryland · 1873
3Cited by51 opinions
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
- Cambridge Savings Bank v. CroninMassachusetts Supreme Judicial Court · 1935
- Williams v. Resolution GGF OyMassachusetts Supreme Judicial Court · 1994
- Pemstein v. StimpsonMassachusetts Appeals Court · 1994
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
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