Turansky v. Weinberg
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on November 25, 1910, by the holder of a third mortgage on a parcel of land with the buildings thereon numbered 35 on Elmo Street in that part of Boston called Dorchester, to set aside a foreclosure sale of the property under a second mortgage. The case was referred to Arthur P. Hardy, Esquire, as master. The facts found by him are stated briefly in the opinion.
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Bill in equity, filed in the Supreme Judicial Court on November 25, 1910, by the holder of a third mortgage on a parcel of land with the buildings thereon numbered 35 on Elmo Street in that part of Boston called Dorchester, to set aside a foreclosure sale of the property under a second mortgage. The case was referred to Arthur P. Hardy, Esquire, as master. The facts found by him are stated briefly in the opinion. The second mortgage was held and foreclosed by one Shapira, who was made a defendant. The date of the second mortgage was April 30, 1910. In the published notice of the foreclosure…
1Opinion of the CourtHammond, J.
We see no reason for reversing the finding of the master and of the single justice as to the alleged fraud concerning the sale. All parties seem to have acted in good faith.
The unintentional error as to the date of the mortgage did not invalidate the notice. The real estate to be sold was properly described and the reference to the record of the mortgage was correct. No one, therefore, desiring to know the precise terms of the mortgage or the land to be sold could have been misled. If it be said that the date of the mortgage as stated in the notice was subsequent to the date of the mortgage…
2Cited by5 opinions
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