Hood v. Adams
Massachusetts Supreme Judicial Court
Contract upon a promissory note for $800, dated December 20, 1877, signed by the defendant, payable to the plaintiff or order, and secured by a mortgage of real estate. Answer, payment in the manner following: The mortgage contained a power of sale in common form, authorizing the mortgagee, or any per* son in her behalf, to purchase at the sale, and provided that no other purchaser should be answerable for the purchase money.
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Contract upon a promissory note for $800, dated December 20, 1877, signed by the defendant, payable to the plaintiff or order, and secured by a mortgage of real estate. Answer, payment in the manner following: The mortgage contained a power of sale in common form, authorizing the mortgagee, or any per* son in her behalf, to purchase at the sale, and provided that no other purchaser should be answerable for the purchase money. The defendant, immediately after giving the mortgage, sold his equity of redemption in the mortgaged premises, and has never since had any interest therein, and his…
1Opinion of the CourtEndicott, J.
As the court below ruled that the allegations of the answer and the facts offered in evidence at the trial *483would not, if proved, show a payment of the note, we must assume the allegations of the answer and the facts offered in evidence to be true. We have therefore this case:
The plaintiff holds the note of the defendant, secured by a mortgage on real estate, which contains a power of sale in common form, with a provision that the mortgagee, or any person in her behalf, may purchase at the sale, and that no other purchaser shall be answerable for the application of the purchase money. The…
2Cases cited7 opinions
- Hall v. BlissMassachusetts Supreme Judicial Court · 1875
- Dexter v. ShepardMassachusetts Supreme Judicial Court · 1875
- Dyer v. ShurtleffMassachusetts Supreme Judicial Court · 1873
- Drinan v. NicholsMassachusetts Supreme Judicial Court · 1874
- Barbaroux v. WatersCourt of Appeals of Kentucky · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Oden v. KingSupreme Court of Alabama · 1927
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Rice v. SandersMassachusetts Supreme Judicial Court · 1890
- First National Bank v. WatkinsMassachusetts Supreme Judicial Court · 1891
- Dennett v. PerkinsMassachusetts Supreme Judicial Court · 1913
21 more not listed; retrieve them via the Exa API.