Burns v. Thayer
Massachusetts Supreme Judicial Court
Bill in equity brought by Hannah Burns and Elizabeth Burns, a minor, suing by her guardian the said Hannah, to redeem a mortgage of an estate in Chelsea, made by John Bums, the husband of the first named plaintiff, and the father of the other, to Edward Potter, June 16. 1855. The mortgage contained a power of sale, but there was no clause in it authorizing the mortgagee. to purchase at any sale made under the power. The bill was filed January 22, 1868..
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Bill in equity brought by Hannah Burns and Elizabeth Burns, a minor, suing by her guardian the said Hannah, to redeem a mortgage of an estate in Chelsea, made by John Bums, the husband of the first named plaintiff, and the father of the other, to Edward Potter, June 16. 1855. The mortgage contained a power of sale, but there was no clause in it authorizing the mortgagee. to purchase at any sale made under the power. The bill was filed January 22, 1868.. The answer set up a sale of the premises by Potter, in pursuance of the power of sale contained in the mortgage, for a breach of the…
1Opinion of the CourtWells, J.
The title of a purchaser from a mortgagee under a power of sale is not defeated by the neglect of the mortgagee to make and file the affidavit required by the Gen. Sts. c. 140, § 42. Field v. Gooding, 106 Mass. 310.
This report must be taken to establish the propositions that Dow was a nominal purchaser only ; and that the benefit of his purchase and resale to the defendant was secured to Potter, the mortgagee, by some arrangement or understanding between him and Dow. The plaintiff contends that this made void the whole proceeding of the sale under the power; so that no title could pass by the…
2Cases cited1 opinion
- Field v. GoodingMassachusetts Supreme Judicial Court · 1871
3Cited by15 opinions
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- Dexter v. ShepardMassachusetts Supreme Judicial Court · 1875
- Chace v. MorseMassachusetts Supreme Judicial Court · 1905
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