Foss v. Twenty-Five Associates of Roxbury, Inc.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on April 6, 1917, on behalf of William A. Foss of Boston, by the conservator of his property, to enjoin the foreclosure of and to procure the cancellation and discharge of a mortgage of real estate and also the cancellation of a promissory note secured by the mortgage, delivered to the defendant by the plaintiff at a time when his property was under conservatorship by order of the Probate Court.
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Bill in equity, filed in the Superior Court on April 6, 1917, on behalf of William A. Foss of Boston, by the conservator of his property, to enjoin the foreclosure of and to procure the cancellation and discharge of a mortgage of real estate and also the cancellation of a promissory note secured by the mortgage, delivered to the defendant by the plaintiff at a time when his property was under conservatorship by order of the Probate Court. In the Superior Court the suit was heard by Fox, J. The material facts found by the judge are described in the opinion. By order of the judge a final decree…
1Opinion of the CourtCarroll, J.
In November, 1914, in the Probate Court for Suffolk County, on the petition of the ward, William A. Foss, one Little was appointed conservator of the property of Foss under-R. L. c. 145, § 40, and such appointment continued until March 25, 1916, when John P. Feeney was appointed to the trust. In February, 1916, the defendant, as found by the trial judge, in good, faith and in ignorance of said appointment, loaned Foss $1,000, which was secured by a mortgage of his real estate. It was also-found that he-was at all times, so far as material to this case, of' *297sound mind and that there was no…
2Cases cited6 opinions
- Reed v. Mattapan Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1908
- Sutcliffe v. HeatleyMassachusetts Supreme Judicial Court · 1919
- Talbot v. ChamberlainMassachusetts Supreme Judicial Court · 1889
- Brewster v. WestonMassachusetts Supreme Judicial Court · 1920
- Brigham v. FayerweatherMassachusetts Supreme Judicial Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Anderson v. SchwitzerSupreme Court of Iowa · 1945
- Harvey v. RodgerIndiana Court of Appeals · 1924
- Wodell v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1946
- Kressler v. FlynnMassachusetts Supreme Judicial Court · 1949
- Citizens State Bank & Trust Co. v. NolteSupreme Court of Kansas · 1979
3 more not listed; retrieve them via the Exa API.