Morse v. Stober
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on December 21,1918, and afterwards amended, for specific performance of a contract to purchase real estate. The pleadings are described in the opinion. The suit was reserved by De Courcy, J., upon the amended bill and answers for determination by the full court.
1Opinion of the CourtRugg, C. J.
This is a suit in equity praying for the specific performance of an agreement to buy real estate. The question is, whether the plaintiffs are able to convey “a good and clear title thereto free from all incumbrances” except certain taxes and party wall agreements. The pertinent facts are, that the plaintiffs, being the holders of a first mortgage in the common form containing the statutory conditions and the statutory power of sale created by St. 1912, c. 502, made entry in due form to foreclose the mortgage on August 5, 1918, certificate whereof was seasonably recorded, and without order of…
2Cases cited7 opinions
- Hoffman v. Charlestown Five Cents Savings BankMassachusetts Supreme Judicial Court · 1918
- Conley v. FinnMassachusetts Supreme Judicial Court · 1898
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3Cited by27 opinions
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- Freedman v. WalshMassachusetts Supreme Judicial Court · 1954
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