Rogers v. Barnes
Massachusetts Supreme Judicial Court
Tort, for the wrongful execution of a power of sale in a mortgage of land in Lexington, and for trespass thereon, with a count in contract. In the Superior Court, a demurrer to the declaration was overruled as to the first count, and sustained as to the third count; and the defendant appealed to this court. At the trial on the first count, before Q-askill, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions.
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Tort, for the wrongful execution of a power of sale in a mortgage of land in Lexington, and for trespass thereon, with a count in contract. In the Superior Court, a demurrer to the declaration was overruled as to the first count, and sustained as to the third count; and the defendant appealed to this court. At the trial on the first count, before Q-askill, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion. The case was argued at the bar in November, 1896, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtField, C. J.
The plaintiffs’ declaration contained three counts. The substance of the first count, which is in tort, is that the plaintiffs made a mortgage to the defendant, dated March 2, 1893, of a parcel of land to secure the payment of *180$1,200 in one year from said date, with interest thereon payable semiannually; that there was no default in the performance of the conditions of the mortgage, but that on October 16, 1893, the defendant sold the mortgaged premises at public auction for. an alleged breach of condition, and conveyed them to some person to the plaintiffs unknown, after occupying them a…
2Cases cited19 opinions
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Miller v. HydeMassachusetts Supreme Judicial Court · 1894
- Gibbons v. HoagIllinois Supreme Court · 1880
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3Cited by43 opinions
- Culhane v. Aurora Loan Services of NebrasCourt of Appeals for the First Circuit · 2013
- Kattar v. DemoulasMassachusetts Supreme Judicial Court · 2000
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Pinti v. Emigrant Mortgage Co., Inc.Massachusetts Supreme Judicial Court · 2015
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
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