Way v. Mullett
Massachusetts Supreme Judicial Court
Bill in equity, filed April 1, 1885, alleging that the plaintiff was the owner of two parcels of land in Boston, each of which was subject to a mortgage for $1700; that the defendant was the assignee of the mortgages, and, contending that there had been a breach of condition of each of the mortgages, had entered upon each parcel for the purpose of foreclosing the mortgage thereon, and had advertised the same for sale on April 3, 1885, for breach of condition, under a power…
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Bill in equity, filed April 1, 1885, alleging that the plaintiff was the owner of two parcels of land in Boston, each of which was subject to a mortgage for $1700; that the defendant was the assignee of the mortgages, and, contending that there had been a breach of condition of each of the mortgages, had entered upon each parcel for the purpose of foreclosing the mortgage thereon, and had advertised the same for sale on April 3, 1885, for breach of condition, under a power contained in such mortgage, the alleged breach being the non-payment of interest; that the plaintiff was, and ever had…
1Opinion of the CourtGardner, J.
By the'Pub. Sts. c. 181, § 27, “The person entitled to redeem,” when the condition of a mortgage has been broken, “may at any time before the expiration of the three years limited for the redemption, and either before or after an entry for breach of the condition, bring a suit for redemption without a previous tender, and may in such suit offer to pay such sum as shall be found due from him.”
The St. of 1798, c. 77, which required a payment or tender of payment of the sum due before bringing a bill to redeem, was held by this court, in Tirrell v. Merrill, 17 Mass. 117, to require the mortgagor…
2Cases cited2 opinions
- Hall v. BlissMassachusetts Supreme Judicial Court · 1875
- Cranston v. CraneMassachusetts Supreme Judicial Court · 1867
3Cited by24 opinions
- Negron v. GordonMassachusetts Supreme Judicial Court · 1977
- Allen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Carroll v. HendersonSupreme Court of Alabama · 1915
- Outpost Cafe, Inc. v. Fairhaven Savings BankMassachusetts Appeals Court · 1975
- Beal v. Attleborough Savings BankMassachusetts Supreme Judicial Court · 1924
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