Davis v. Mazzuchelli
Massachusetts Supreme Judicial Court
Three petitions, filed in the Land Court, the first two on May 5, and the third on October 21, .1920. In the first petition the trustees in bankruptcy of the New England Fireproof Construction Company sought to have certain memoranda of incumbrances upon certificates of title of thirteen lots of registered land in Brookline cancelled.
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Three petitions, filed in the Land Court, the first two on May 5, and the third on October 21, .1920. In the first petition the trustees in bankruptcy of the New England Fireproof Construction Company sought to have certain memoranda of incumbrances upon certificates of title of thirteen lots of registered land in Brookline cancelled. In the second petition they sought a decree directing the Tremont Trust Company, which held a mortgage upon each of the lots, registered as first incumbrances, to deliver to them duplicates certificates of title. In the third petition one Edward Levy, who…
1Opinion of the CourtPierce, J.
This is a petition brought in the Land Court by *553the trustees in bankruptcy of the New England Fireproof Construction Company, for the cancellation of certain memoranda of incumbrances including a memorandum of an execution sale to the respondent. The trustees in bankruptcy also petitioned for the surrender of the owner’s duplicate certificate in the name of the New England Fireproof Construction Company. In the same proceedings the respondent Levy filed a cross petition for the issuance of certificates of. title to him under said execution sale. The case is submitted on agreed facts.
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