Ryder v. Brockton Savings Bank
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on November 10, 1919, against the Brockton Savings Bank and one Merton F. Ellis, in which the plaintiff alleged in substance that the plaintiff’s husband, Henry H. Ryder, had made three mortgages of real estate on Main Street in Brockton to the defendant bank and that she had joined therein for release of her dower and homestead rights and other rights by statute; that at some time after the giving of those mortgages the…
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Bill in equity, filed in the Supreme Judicial Court on November 10, 1919, against the Brockton Savings Bank and one Merton F. Ellis, in which the plaintiff alleged in substance that the plaintiff’s husband, Henry H. Ryder, had made three mortgages of real estate on Main Street in Brockton to the defendant bank and that she had joined therein for release of her dower and homestead rights and other rights by statute; that at some time after the giving of those mortgages the plaintiff and her husband became estranged and, while they were so estranged, the husband gave to the defendant Ellis a…
1Opinion of the CourtBraley, J.
The plaintiff, the wife of the mortgagor Henry H. Ryder, having joined releasing dower in the mortgages, three in number, given by him on his real property to the defendant bank, the foreclosure of which had been begun when the bill was filed but has been suspended during the litigation, can maintain the bill as amended for leave to redeem. Newhall v. Lynn Five Cents Savings Bank, 101 Mass. 428, 430. Fitcher v. Griffiths, 216 Mass. 174. R. L. c. 187, § 22.
But, a fourth mortgage having been given to the defendant Ellis, who as between himself and the bank is a second mortgagee, which has been…
2Cases cited13 opinions
- Tevis v. YoungCourt of Appeals of Kentucky · 1858
- Newell v. HadleyMassachusetts Supreme Judicial Court · 1910
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
- Wiggin v. HeywoodMassachusetts Supreme Judicial Court · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gadreault v. ShermanMassachusetts Supreme Judicial Court · 1924
- O'Brien v. LoganMassachusetts Supreme Judicial Court · 1920
- In Re Jeandros Dye & Print Works, Inc.District Court, D. Massachusetts · 1938
- New England Trust Co. v. MorseMassachusetts Supreme Judicial Court · 1922
- Ryder v. Brockton Savings BankMassachusetts Supreme Judicial Court · 1921
1 more not listed; retrieve them via the Exa API.