Dyer v. Shurtleff
Massachusetts Supreme Judicial Court
Bill m equity, filed February 23, 1872, to redeem land in Boston from a mortgage. At the hearing, before Ames, J., it appeared that January 18, 1868, the Boston Silk and Woollen Mills mortgaged their land, by a deed containing a power of sale, to the defendant Shurtleff, to secure the payment of four notes of $5000 each. The payment of each of these notes was also guaranteed by various persons, one Francis being the guarantor of one of them.
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Bill m equity, filed February 23, 1872, to redeem land in Boston from a mortgage. At the hearing, before Ames, J., it appeared that January 18, 1868, the Boston Silk and Woollen Mills mortgaged their land, by a deed containing a power of sale, to the defendant Shurtleff, to secure the payment of four notes of $5000 each. The payment of each of these notes was also guaranteed by various persons, one Francis being the guarantor of one of them. August 14,1868, the Boston Silk and Woollen Mills conveyed their estate in the premises to the Bigelow Mills. January 15,1869, the Bigelow Mills…
1Opinion of the CourtEndicott, J.
The principal question in this case is, whether the solicitor or agent for a mortgagee, selling under a power of sale, can be the purchaser of the property for himself or another. It appears by the answers and testimony that Band, one of the defendants, acted for Shurtleff, another defendant, and was his counsel in the matter of the sale ; that he prepared the published notice, employed the auctiopeer, made all the arrangements, and attended the sale. It also appears that he there pointed out the boundaries of the estate ; was prepared with the figures to show *167how much was due as principal,…
2Cases cited1 opinion
- Roche v. FarnsworthMassachusetts Supreme Judicial Court · 1871
3Cited by23 opinions
- DesLauries v. SheaMassachusetts Supreme Judicial Court · 1938
- Jose v. LymanMassachusetts Supreme Judicial Court · 1944
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Hayes v. HallMassachusetts Supreme Judicial Court · 1905
- Hall v. BlissMassachusetts Supreme Judicial Court · 1875
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