Brown v. Holyoke Water Power Co.
Massachusetts Supreme Judicial Court
Contract, to recover the amount of certain taxes paid by the assignees of the Winona Paper Company. The cases were submitted to the Superior Court, and, after judgment for the plaintiffs, to this court on appeal, on agreed facts, which, so far as material, appear in the opinion.
1Opinion of the CourtField, C. J.
The plaintiffs are the assignees in insolvency of the Winona Paper Company. The defendant in the first case held a second mortgage, and the defendant in the second case held a first mortgage, upon the real property of the paper company, and they sold the property under the power contained in their respective mortgages for breach of condition. The property was sold subject to any valid liens upon it, and the statement was made at each of the sales that there “ were certain unpaid taxes which were claimed to be a lien upon the property.” The sales were made on June 9,1891, and there were in…
2Cases cited8 opinions
- Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- Graffam v. PierceMassachusetts Supreme Judicial Court · 1887
- Simanovich v. WoodMassachusetts Supreme Judicial Court · 1887
- Flynn v. BourneufMassachusetts Supreme Judicial Court · 1887
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3Cited by2 opinions
- Spencer Savings Bank v. CooleyMassachusetts Supreme Judicial Court · 1900
- Taylor v. WilcoxMassachusetts Supreme Judicial Court · 1897