Reynolds v. Park Trust Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on November 23, 1921, and afterwards amended, seeking the cancellation of a mortgage by one Fee, holder as a “ straw man ” of real estate purchased by the plaintiff, to one Brown and of an assignment of that mortgage to the defendant, and an injunction against its foreclosure. In the Superior Court, the suit was referred to a master. Material findings by the master are described in the opinion.
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Bill in equity, filed in the Superior Court on November 23, 1921, and afterwards amended, seeking the cancellation of a mortgage by one Fee, holder as a “ straw man ” of real estate purchased by the plaintiff, to one Brown and of an assignment of that mortgage to the defendant, and an injunction against its foreclosure. In the Superior Court, the suit was referred to a master. Material findings by the master are described in the opinion. The suit was heard upon the pleadings and the master's report by Morton, J., by whose order there were entered an interlocutory decree confirming the report…
1Opinion of the CourtCarroll, J.
The plaintiff in November, 1920, secured an option on a tract of land in that part of Newton known as Auburndale, on which he desired to have a building constructed. He made a contract in writing with Harry B. Brown, a builder, which provided that Brown was to build a house on the land, that Brown was to secure two mortgages aggregating $9,600, and that on the completion of the house the plaintiff was to assume the mortgages and pay Brown $2,150. The mortgages were to be executed to parties designated by Brown. Although the plaintiff had merely an option on the real estate, the contract…
2Cases cited9 opinions
- Fillebrown v. HaywardMassachusetts Supreme Judicial Court · 1906
- Boston Steel & Iron Co. v. SteuerMassachusetts Supreme Judicial Court · 1903
- Murphy v. BarnardMassachusetts Supreme Judicial Court · 1894
- Goodwin v. Massachusetts Loan & Trust Co.Massachusetts Supreme Judicial Court · 1890
- Cohen v. LevyMassachusetts Supreme Judicial Court · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bowling Green, Inc. v. State Street Bank and Trust CompanyCourt of Appeals for the First Circuit · 1970
- Ahern v. TowleMassachusetts Supreme Judicial Court · 1942
- Russell v. Bond & Goodwin Inc.Massachusetts Supreme Judicial Court · 1931
- Macklin v. MacklinMassachusetts Supreme Judicial Court · 1944
- Pemberton Sq. Operating Co. v. LydonMassachusetts Supreme Judicial Court · 1935
8 more not listed; retrieve them via the Exa API.