Gilson v. Nesson
Massachusetts Supreme Judicial Court
Contract for a balance alleged to be due upon a note secured by a mortgage of real estate, after a foreclosure sale. Writ in the Superior Court for the county of Suffolk dated March 3, 1906. At the trial before Wait, J., without a jury, it appeared that the mortgage note was for $13,000 and was payable to the plaintiff’s intestate, Mary E. Walker, that the mortgage was a power of sale mortgage, giving to the mortgagee the right to purchase at any foreclosure sale, containing…
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Contract for a balance alleged to be due upon a note secured by a mortgage of real estate, after a foreclosure sale. Writ in the Superior Court for the county of Suffolk dated March 3, 1906. At the trial before Wait, J., without a jury, it appeared that the mortgage note was for $13,000 and was payable to the plaintiff’s intestate, Mary E. Walker, that the mortgage was a power of sale mortgage, giving to the mortgagee the right to purchase at any foreclosure sale, containing an agreement by the mortgagor, the defendant, to pay all reasonable expenses of foreclosure proceedings, and…
1Opinion of the CourtHammond, J.
Under the original contract the defendant was to pay the amount of the note and, in case of default, the plaintiff’s intestate, Mrs. Walker, had the right to foreclose the mortgage and apply the net proceeds to' the payment of the note, rendering the surplus, if any, to the defendant, and by the express terms of the mortgage the defendant was to pay upon demand all reasonable expenses of foreclosure.
By the terms of the new contract but little change was made. The promise contained in the defendant’s note to the plaintiff’s intestate * to pay the foreclosure proceedings is in substance the…
2Cases cited1 opinion
- Field v. AldrichMassachusetts Supreme Judicial Court · 1895
3Cited by6 opinions
- Corrigan v. PayneMassachusetts Supreme Judicial Court · 1942
- Biggers v. IngersollSupreme Court of Alabama · 1938
- Wallin v. SmolenskyMassachusetts Supreme Judicial Court · 1939
- Waitzkin v. GlazerMassachusetts Supreme Judicial Court · 1933
- Nesson v. GilsonMassachusetts Supreme Judicial Court · 1916
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