Skilton v. Roberts
Massachusetts Supreme Judicial Court
Contract by the assignee in bankruptcy of George A. Foster, to recover the surplus of the money received upon a sale under a power contained in a mortgage, from Foster to the defendants, of land in Somerville, deducting the amount of the mortgage and the interest due thereon, and the expenses of sale.
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Contract by the assignee in bankruptcy of George A. Foster, to recover the surplus of the money received upon a sale under a power contained in a mortgage, from Foster to the defendants, of land in Somerville, deducting the amount of the mortgage and the interest due thereon, and the expenses of sale. At the trial in the Superior Court, before Pitman, J., the plaintiff offered in evidence the following: 1st. The mortgage, executed on July 13, 1875, containing full covenants of warranty and against incumbrances; a condition for the payment of $6000 in two years from that date, with interest at…
1Opinion of the CourtGray, C. J.
The only title which the defendants, under the power contained in the mortgage to them, had the right to advertise for sale, or to sell, was the title of the. mortgagor. Hall v. Bliss, 118 Mass. 554. There is no evidence that Ireland, the owner of the paramount title under the sales for nonpayment of taxes, authorized the defendants or the auctioneer to sell that title also, or that the defendants or the auctioneer undertook to sell it. On the contrary, the auctioneer, when called as a' witness for the defendants, testified that, at the time of the sale and before any bid was made, he said,…
2Cases cited8 opinions
- Hall v. BlissMassachusetts Supreme Judicial Court · 1875
- Hood v. AdamsMassachusetts Supreme Judicial Court · 1878
- Cook v. BasleyMassachusetts Supreme Judicial Court · 1877
- Mix v. HotchkissSupreme Court of Connecticut · 1840
- O'Connell v. KellyMassachusetts Supreme Judicial Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Worcester v. City of BostonMassachusetts Supreme Judicial Court · 1901
- Wenz v. PasteneMassachusetts Supreme Judicial Court · 1911
- Wiggin v. Lowell Five Cent Savings BankMassachusetts Supreme Judicial Court · 1938
- Spaulding v. Quincy Trust Co.Massachusetts Supreme Judicial Court · 1943
- Spencer Savings Bank v. CooleyMassachusetts Supreme Judicial Court · 1900
4 more not listed; retrieve them via the Exa API.