New England Mutual Life Insurance v. Wing
Massachusetts Supreme Judicial Court
Summary process under R. L. c. 181 for the possession of certain real estate numbered 271 on Mill Street in Newton, which had been mortgaged to the plaintiff and was conveyed to it by the purchaser at a foreclosure sale made by the plaintiff under the mortgage, the defendant being the owner of the equity of redemption at the time of the foreclosure.
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Summary process under R. L. c. 181 for the possession of certain real estate numbered 271 on Mill Street in Newton, which had been mortgaged to the plaintiff and was conveyed to it by the purchaser at a foreclosure sale made by the plaintiff under the mortgage, the defendant being the owner of the equity of redemption at the time of the foreclosure. Writ in the Police Court of Newton dated October 11, 1904. On appeal to .the Superior Court the case was tried before Crosby, J. At the close of the evidence, the defendant asked the judge to rule that upon all the evidence, the plaintiff was not…
1Opinion of the CourtBraley, J.
The purchaser at the foreclosure sale of the demanded premises was the plaintiff’s agent, who after taking a conveyance of the property, as a part of the transaction deeded it to the plaintiff, which for the purposes of this action may be deemed the actual purchaser, and if the title is invalid because *194the mortgage was not foreclosed regularly this action cannot be maintained. North Brookfield Savings Bank v. Flanders, 161 Mass. 335. Lowe v. Moore, 134 Mass. 259. The deed given to the purchaser at the foreclosure sale was executed by the plaintiff’s president in the name of the plaintiff as…
2Cases cited15 opinions
- Sherman v. FitchMassachusetts Supreme Judicial Court · 1867
- Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
- England v. DearbornMassachusetts Supreme Judicial Court · 1886
- Rogers v. BarnesMassachusetts Supreme Judicial Court · 1897
- Harris v. CarmodyMassachusetts Supreme Judicial Court · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- U.S. Bank National Ass'n v. SchumacherMassachusetts Supreme Judicial Court · 2014
- Federal National Mortgage Ass'n v. HendricksMassachusetts Supreme Judicial Court · 2012
- Bank of New York v. BaileyMassachusetts Supreme Judicial Court · 2011
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
- Earnshaw v. WhittemoreMassachusetts Supreme Judicial Court · 1907
22 more not listed; retrieve them via the Exa API.