Stevenson v. Hano
Massachusetts Supreme Judicial Court
Bill in equity, against Samuel Hano, the Framingham Savings Bank, and Isaac Pratt, Jr., to redeem a parcel of land in that part of Boston called Allston from a mortgage given by the plaintiff’s grantor containing a power of sale, which recited that upon breach of condition the mortgagee or his assigns might sell the granted premises “ by public auction in said Boston, on the premises, first publishing a notice of the time and place of sale once each week for three successive…
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Bill in equity, against Samuel Hano, the Framingham Savings Bank, and Isaac Pratt, Jr., to redeem a parcel of land in that part of Boston called Allston from a mortgage given by the plaintiff’s grantor containing a power of sale, which recited that upon breach of condition the mortgagee or his assigns might sell the granted premises “ by public auction in said Boston, on the premises, first publishing a notice of the time and place of sale once each week for three successive weeks in some one newspaper published in said Boston, and may convey the same by proper deed or deeds to the purchaser…
1Opinion of the CourtHolmes, J.
This is a bill brought to set aside a sale under a power in a mortgage, charging fraud and combination to sacrifice the land between the defendants Hano, the purchaser at the sale, and the Framingham Savings Bank, the mortgagee. The defendant Pratt purchased after the bill was filed, and with notice of the suit. The judge who heard the case found for the defendants, and dismissed the bill.
The sale took place on July 16,1887. It was advertised three successive weeks, viz. June 18 and 25, and July 2. No question is made as to the form or times of advertisement, but it is said that the newspaper…
2Cases cited5 opinions
- Dexter v. ShepardMassachusetts Supreme Judicial Court · 1875
- Learned v. GeerMassachusetts Supreme Judicial Court · 1885
- Thompson v. HeywoodMassachusetts Supreme Judicial Court · 1880
- Briggs v. BriggsMassachusetts Supreme Judicial Court · 1883
- Burns v. ThayerMassachusetts Supreme Judicial Court · 1874
3Cited by8 opinions
- Rogers v. BarnesMassachusetts Supreme Judicial Court · 1897
- Hayden v. SmithSupreme Court of Alabama · 1927
- Wasserman v. McDonnellMassachusetts Supreme Judicial Court · 1906
- da Silva v. TurnerMassachusetts Supreme Judicial Court · 1896
- Austin v. HatchMassachusetts Supreme Judicial Court · 1893
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