Gilpin v. Brooks
Massachusetts Supreme Judicial Court
Bill in equity, filed in its substituted form in the Superior Court on March 22, 1916, by the surviving partner of a firm that did business under the name of the Mullan-Gilpin Lumber Company, against William F. Brooks, Sylvanus G. Morse, Charles Cohen and Louis Leven, containing the allegations that are described in the opinion, and praying, first, that the defendant Brooks be enjoined from proceeding further to foreclose the two mortgages described in the opinion made by…
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Bill in equity, filed in its substituted form in the Superior Court on March 22, 1916, by the surviving partner of a firm that did business under the name of the Mullan-Gilpin Lumber Company, against William F. Brooks, Sylvanus G. Morse, Charles Cohen and Louis Leven, containing the allegations that are described in the opinion, and praying, first, that the defendant Brooks be enjoined from proceeding further to foreclose the two mortgages described in the opinion made by the defendants Cohen and Leven to the defendant Brooks, dated September 2, 1915, on land and buildings on Standish Street…
1Opinion of the CourtCarroll, J.
The defendant Brooks sold to Cohen and Leven seven lots of land. Upon two of these lots Cohen and Leven gave the defendant Morse mortgages, each for the sum of $5,500, to secure a construction loan, and a second mortgage of $400 on each lot to Brooks. The plaintiff and his partner, since deceased, furnished lumber to Cohen and Leven for the erection of two houses on these lots.
December 3, 1915, the plaintiff, in an action at law, attached the real estate of Cohen and Leven to the amount of $4,000. January 3, 1916, Brooks entered upon the premises for breach of the conditions in his mortgage,…
2Cases cited6 opinions
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
- Briggs v. SanfordMassachusetts Supreme Judicial Court · 1914
- Fitcher v. GriffithsMassachusetts Supreme Judicial Court · 1913
- Lamb v. MontagueMassachusetts Supreme Judicial Court · 1873
- Kerse v. MillerMassachusetts Supreme Judicial Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Davis v. Newburyport Five Cents Savings BankMassachusetts Supreme Judicial Court · 1942
- Linsky v. Exchange Trust Co.Massachusetts Supreme Judicial Court · 1927
- Brown v. City of BostonMassachusetts Supreme Judicial Court · 1968
- McKnight v. WinklerMassachusetts Supreme Judicial Court · 1929
- French v. Grand Beach Co.Michigan Supreme Court · 1927