Montague v. Dawes
Massachusetts Supreme Judicial Court
Bill in equity, filed within three years from the time possession was taken, to redeem a lot of land with the buildings thereon in Boston from a mortgage. The following facts were agreed: On the 12th of October 1860 the plaintiff mortgaged the premises to Brooks and Ball, to secure certain notes.
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Bill in equity, filed within three years from the time possession was taken, to redeem a lot of land with the buildings thereon in Boston from a mortgage. The following facts were agreed: On the 12th of October 1860 the plaintiff mortgaged the premises to Brooks and Ball, to secure certain notes. The mortgage contained a power of sale, authorizing the assignee thereof, for a breach of condition which existed at the time of the assignment (hereinafter mentioned) and ever since, to sell the premises and all benefit and equity of redemption of. the plaintiff therein, at public auction; such sale…
1Opinion of the CourtWells, J.
Upon the agreed statement of facts, Henry Dawes may be regarded as the real assignee of the mortgage by whom the power of sale was executed, and also the purchaser at the sale under the power, as well as the real defendant in this suit. He alone has paid any money for the title; he caused both sales to be made; he was the sole bidder at the auctions; his will and his interests controlled every disposition made of the property. The form of receiving payment from his wife, by way of a credit on account of her moneys which had been paid over to him twenty years before, can be treated in this…
2Cited by8 opinions
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- National Mill Supply Co. v. State Ex Rel. MortonIndiana Supreme Court · 1937
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