Kendall v. Bolster
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 30, 1920, by one alleging himself to be a shareholder in the Public Garden Apartment Trust, trustees of which held the legal title to the property numbered 67-69 Beacon Street and 10 Charles Street in Boston, seeking to have declared void a foreclosure of a second mortgage on those premises on the ground that it was in violation of the soldiers’ and sailors’ civil relief act, 40 U. S. Sts. at Large, 440, 449. At the…
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Bill in equity, filed in the Superior Court on June 30, 1920, by one alleging himself to be a shareholder in the Public Garden Apartment Trust, trustees of which held the legal title to the property numbered 67-69 Beacon Street and 10 Charles Street in Boston, seeking to have declared void a foreclosure of a second mortgage on those premises on the ground that it was in violation of the soldiers’ and sailors’ civil relief act, 40 U. S. Sts. at Large, 440, 449. At the plaintiff’s request the surviving trustee of the trust was joined with him as a party plaintiff. In the Superior Court, the…
1Opinion of the CourtCrosby, J.
This is a bill brought for relief from the foreclosure of a mortgage alleged to be in violation of U. S. St. 1918, c. 20 (40 U. S. Sts. at Large, 440,449), known as the soldiers’ and sailors’ civil relief act, which was approved on March 8, 1918. The material parts of the act are as follows:
“ Sec. 302. (1) That the provisions of this section shall apply only to obligations originating prior to the date of approval of this act and secured by mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a person in military service at the…
2Cases cited8 opinions
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
- Hoffman v. Charlestown Five Cents Savings BankMassachusetts Supreme Judicial Court · 1918
- Morse v. StoberMassachusetts Supreme Judicial Court · 1919
- Cotton v. Atlas National BankMassachusetts Supreme Judicial Court · 1887
- O'Conner v. HurleyMassachusetts Supreme Judicial Court · 1888
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3Cited by7 opinions
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- Institution for Savings in NewburyportMassachusetts Supreme Judicial Court · 1941
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