Stevenson v. Dana
Massachusetts Supreme Judicial Court
Bill in equity, filed August 9, 1895, to redeem land in Boston from a mortgage. Hearing before Barker, J., who reported the case for the consideration of the full court, in substance as follows. The premises were sold on February 16, 1895, under the power contained in a mortgage, which was made by the plaintiff on September 3, 1892, for the sum of $17,000, payable in six months, with interest at six per cent per annum.
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Bill in equity, filed August 9, 1895, to redeem land in Boston from a mortgage. Hearing before Barker, J., who reported the case for the consideration of the full court, in substance as follows. The premises were sold on February 16, 1895, under the power contained in a mortgage, which was made by the plaintiff on September 3, 1892, for the sum of $17,000, payable in six months, with interest at six per cent per annum. On September 1, 1893, the mortgage was duly assigned to James D. Colt, Benjamin E. Bates, and John Prentiss, trustees, as successors in trust, and as such assignees they made…
1Opinion of the CourtHolmes, J.
It is found that the trustees who foreclosed the mortgage acted in good faith, and it is plain on the evidence that they did all that their duty required in the effort to protect the plaintiff’s rights. If the foreclosure sale is to be opened, it must be on the technical ground that, in spite of their intent and belief, the trustees made some mistake of which the plaintiff could complain.
We find no such mistake. The mere fact, if it be one, that the land sold for a good deal less than it was worth, is not enough to make out a case for the plaintiff. The land was bought by the holders of the…
2Cases cited3 opinions
- Learned v. GeerMassachusetts Supreme Judicial Court · 1885
- Austin v. HatchMassachusetts Supreme Judicial Court · 1893
- King v. BronsonMassachusetts Supreme Judicial Court · 1877
3Cited by11 opinions
- McCarthy v. SimonMassachusetts Supreme Judicial Court · 1924
- Conway Savings Bank v. VinickMassachusetts Supreme Judicial Court · 1934
- Farmers National Bank of Annapolis v. VennerMassachusetts Supreme Judicial Court · 1906
- Ferebee v. . SawyerSupreme Court of North Carolina · 1914
- Fennyery v. RansomMassachusetts Supreme Judicial Court · 1898
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