Legal Opinion

Codman v. Deland

Massachusetts Supreme Judicial Court

Decided November 27, 1918PublishedCited by 25 opinions

Bill in equity, filed in the Superior Court on December 2, 1915, and amended on March 11,1918, by the mortgagee of certain real estate on the Bay State Road in Boston, against the defendants, who as trustees were the successors of the mortgagor, to collect a balance of the mortgage debt remaining due after a foreclosure sale. The case was heard by Fox, J., who found the facts that are stated in the opinion.

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Bill in equity, filed in the Superior Court on December 2, 1915, and amended on March 11,1918, by the mortgagee of certain real estate on the Bay State Road in Boston, against the defendants, who as trustees were the successors of the mortgagor, to collect a balance of the mortgage debt remaining due after a foreclosure sale. The case was heard by Fox, J., who found the facts that are stated in the opinion. Upon these facts and the evidence before him he “found that the agreement for extension was executed by both parties and went into effect upon its execution, and ruled that the effect of…

1Opinion of the CourtRugg, C. J.

The defendant Deland, in his capacity as trustee, in 1905 executed a note for $17,000, payable in three years to the plaintiff, which was secured by a mortgage upon real estate in Boston. Before the maturity of the note the mortgagor conveyed the real estate to Nellie H. Miller by a deed referring to the mortgage, which the grantee therein agreed to assume and pay. The defendant as mortgagor straightway thereafter notified the plaintiff as mortgagee by letter of the sale and of the assumption of the mortgage by the grantee. When the note matured, the mortgagee advised the grantee that, if she…

2Cases cited9 opinions

  1. Keller v. AshfordSupreme Court of the United States · 1890
  2. Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
  3. Shepherd v. MaySupreme Court of the United States · 1885
  4. Rice v. SandersMassachusetts Supreme Judicial Court · 1890
  5. North End Savings Bank v. SnowMassachusetts Supreme Judicial Court · 1908

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3Cited by25 opinions

  1. Franklin v. North Weymouth Cooperative BankMassachusetts Supreme Judicial Court · 1933
  2. Phillips v. VorenbergMassachusetts Supreme Judicial Court · 1927
  3. Reeves v. CordesNew Jersey Court of Chancery · 1931
  4. City Institution for Savings v. KelilMassachusetts Supreme Judicial Court · 1928
  5. Silverstein v. SasterMassachusetts Supreme Judicial Court · 1934

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