Learned v. Foster
Massachusetts Supreme Judicial Court
BnLL IB" EQUITY, filed March 3,1871, to redeem a mortgage of an estate in Watertown. The case was reserved by Colt, J., for the consideration of the full court upon a report in substance as follows: At the hearing the following facts were admitted by the parties: On December 20, 1850, Samuel L. Learned, then the owner in fee simple of the estate, mortgaged it to Thomas Learned, to secure payment of $5000 in one year, with interest semiannually until paid.
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BnLL IB" EQUITY, filed March 3,1871, to redeem a mortgage of an estate in Watertown. The case was reserved by Colt, J., for the consideration of the full court upon a report in substance as follows: At the hearing the following facts were admitted by the parties: On December 20, 1850, Samuel L. Learned, then the owner in fee simple of the estate, mortgaged it to Thomas Learned, to secure payment of $5000 in one year, with interest semiannually until paid. The mortgage, which was recorded at its date, contained a power of sale, but there was no clause in it authorizing the mortgagee to…
1Opinion of the CourtColt, J.
The plaintiff attempts to avoid the foreclosure of a mortgage under a power of sale, mainly on the ground that the *369real purchasers at the sale were the owners of the equitable interest in the mortgage. The legal title to the mortgage was held by Foster at the time of the sale in trust for the defendants as heirs of Wetherbee. The purpose of the sale was to foreclose the mortgage and to divide the estate among the defendants as equitable owners. It was made after breach of condition, and, in treating this objection, must be taken to have been made in accordance with all the requirements of the…
2Cases cited4 opinions
- Dyer v. ShurtleffMassachusetts Supreme Judicial Court · 1873
- Field v. GoodingMassachusetts Supreme Judicial Court · 1871
- Burns v. ThayerMassachusetts Supreme Judicial Court · 1874
- Ives v. AshleyMassachusetts Supreme Judicial Court · 1867
3Cited by17 opinions
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
- Morse v. HillMassachusetts Supreme Judicial Court · 1883
- New England Mutual Life Insurance v. WingMassachusetts Supreme Judicial Court · 1906
- Chace v. MorseMassachusetts Supreme Judicial Court · 1905
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