Clapp v. Gardner
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on December 19, 1918, and afterwards amended, seeking to have declared void a sale of premises of the plaintiff Murphy in foreclosure of a second mortgage thereon given by the plaintiff Murphy to the plaintiff Clapp and by him assigned, with an indorsement by the plaintiff Clapp of the mortgage note in blank, to the defendant. The suit was referred to a master.
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Bill in equity, filed in the Superior Court on December 19, 1918, and afterwards amended, seeking to have declared void a sale of premises of the plaintiff Murphy in foreclosure of a second mortgage thereon given by the plaintiff Murphy to the plaintiff Clapp and by him assigned, with an indorsement by the plaintiff Clapp of the mortgage note in blank, to the defendant. The suit was referred to a master. He found, among other findings, that the property was subject to a first mortgage of $1,000, the mortgage alleged to have been improperly foreclosed by the defendant being a second mortgage…
1Opinion of the CourtCrosby, J.
This is a bill in equity brought to set aside the foreclosure of a mortgage given by Ellen J. Murphy to the plaintiff Clapp and by him assigned to the defendant, together with the note that the mortgage was given to secure. The note was for $200 and was indorsed in blank and delivered to the defendant. The real estate described in the mortgage was subject to a prior mortgage for $1,000. The mortgagor was admitted as a party plaintiff and the case was referred to a master. It is obvious that the judge of the Superior Court intended to confirm the master’s report, and we have treated it as…
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