Hall v. Bliss
Massachusetts Supreme Judicial Court
Bill m equity, filed October 28, 1874, to redeem a parcel of land in Blackstone from a mortgage. At the hearing before Colt, J., the following facts were admitted : The plaintiff is the wife of Edward S. Hall, of the city of New York, who, on January 24, 1870, being the owner of a manufacturing establishment in Blackstone, consisting of real and personal estate, mortgaged the same to Alexander T. Stewart, of New York, to secure. the payment of $80,000 on demand with…
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Bill m equity, filed October 28, 1874, to redeem a parcel of land in Blackstone from a mortgage. At the hearing before Colt, J., the following facts were admitted : The plaintiff is the wife of Edward S. Hall, of the city of New York, who, on January 24, 1870, being the owner of a manufacturing establishment in Blackstone, consisting of real and personal estate, mortgaged the same to Alexander T. Stewart, of New York, to secure. the payment of $80,000 on demand with interest, the plaintiff joining in the mortgage, in release of her right of dower. The mortgage contained the following clauses:…
1Opinion of the CourtGray, C. J.
Although equity will not allow the holder of a mortgage containing a power of sale to become a purchaser at a sale under the power, unless expressly so authorized by the terms of the mortgage; Downes v. Grazebrook, 3 Meriv. 200; Dyer v. Shurtleff, 112 Mass. 165; there is no doubt that, under a mortgage containing such provisions as that now before us, a purchase made by the mortgagee and for his sole benefit is valid and effectual to cut off all right of redemption, provided the mortgagee faithfully discharges in all respects the duties imposed upon him as donee of the power; and that in the…
2Cases cited10 opinions
- Pray v. PierceMassachusetts Supreme Judicial Court · 1811
- Cranston v. CraneMassachusetts Supreme Judicial Court · 1867
- Dexter v. ShepardMassachusetts Supreme Judicial Court · 1875
- Dyer v. ShurtleffMassachusetts Supreme Judicial Court · 1873
- Field v. GoodingMassachusetts Supreme Judicial Court · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Cambridge Savings Bank v. CroninMassachusetts Supreme Judicial Court · 1935
- Jackson v. TribbleSupreme Court of Alabama · 1908
- Hood v. AdamsMassachusetts Supreme Judicial Court · 1878
- Steele v. KelleyMassachusetts Appeals Court · 1999
- Way v. MullettMassachusetts Supreme Judicial Court · 1886
34 more not listed; retrieve them via the Exa API.