Warren v. James
Massachusetts Supreme Judicial Court
Action on the St. of 1879, c. 237,* to recover possession of a parcel of land in Worcester. Writ dated May 21, 1879. At the trial in the Superior Court, before Deivey, J., it appeared that, on December 22, 1863, the defendant made a mortgage of the premises in question to the Worcester Mechanics’ Savings Bank to secure the payment of a promissory note for $10,000; that, on January 6, 1879, the bank assigned the mortgage and note to Nichols, Dupee and Company, who, on January…
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Action on the St. of 1879, c. 237,* to recover possession of a parcel of land in Worcester. Writ dated May 21, 1879. At the trial in the Superior Court, before Deivey, J., it appeared that, on December 22, 1863, the defendant made a mortgage of the premises in question to the Worcester Mechanics’ Savings Bank to secure the payment of a promissory note for $10,000; that, on January 6, 1879, the bank assigned the mortgage and note to Nichols, Dupee and Company, who, on January 9, advertised the premises for sale, by virtue of the power of sale contained in the mortgage, for breach of the…
1Opinion of the CourtLord, J.
The only question presented for our consideration in this case is whether the St. of 1879, a. 237, is applicable to the facts, thus involving the true construction of that act.
Originally, the provisions of law which are contained in the Gen. Sts. c. 137, were designed to restore to the occupant of land, by summary process, a possession from which he had been ejected by force, or which was withheld from him by force. Subsequently, a landlord might be restored to possession of premises which his tenant should hold against him after his rights as tenant had expired. This was deemed an…
2Cited by9 opinions
- Sheehan Construction Co. v. DudleyMassachusetts Supreme Judicial Court · 1937
- Davis & O'Connor Co. v. Shell Oil Co.Massachusetts Supreme Judicial Court · 1942
- Jinwala v. BizzaroMassachusetts Appeals Court · 1987
- North Brookfield Savings Bank v. FlandersMassachusetts Supreme Judicial Court · 1894
- Dayton v. BrannellyMassachusetts Supreme Judicial Court · 1926
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