Pilok v. Bednarski
Massachusetts Supreme Judicial Court
Bill in equity, inserted in a common law Superior Court writ dated January 28, 1916, by the holders of a third mortgage on certain real- estate in Deerfield, against the second mortgagee of the property, who had foreclosed his second mortgage and had become the purchaser at the foreclosure sale thereunder, to compel the defendant to pay over to the plaintiffs any surplus found to be due to the plaintiffs after payment to the defendant of the debt secured by his second…
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Bill in equity, inserted in a common law Superior Court writ dated January 28, 1916, by the holders of a third mortgage on certain real- estate in Deerfield, against the second mortgagee of the property, who had foreclosed his second mortgage and had become the purchaser at the foreclosure sale thereunder, to compel the defendant to pay over to the plaintiffs any surplus found to be due to the plaintiffs after payment to the defendant of the debt secured by his second mortgage. The case was referred to a master, who filed a report in favor of the plaintiffs. Later the case was heard by…
1Opinion of the CourtBraley, J.
The plaintiffs are entitled to a decree under the first prayer of the bill, the terms of which are to be settled in the trial court.
The defendant, as the second mortgagee, having been authorized by the power to bid at the foreclosure sale, and his bid, which was the highest, having been accepted, the deposit made and the memorandum or certificate of sale signed by the auctioneer, became the purchaser, and nothing remained by way of performance except to execute the deed to himself, and, upon deducting the expenses, to apply thepurchase price in liquidation of the mortgage debt, retaining the…
2Cases cited7 opinions
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
- Wiggin v. HeywoodMassachusetts Supreme Judicial Court · 1875
- Hall v. BlissMassachusetts Supreme Judicial Court · 1875
- Hood v. AdamsMassachusetts Supreme Judicial Court · 1878
- Mattel v. ConantMassachusetts Supreme Judicial Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Duclersaint v. Federal National Mortgage Ass'nMassachusetts Supreme Judicial Court · 1998
- Lonergan v. Highland Trust Co.Massachusetts Supreme Judicial Court · 1934
- Vinal v. GoveMassachusetts Supreme Judicial Court · 1931
- In Re CrichlowUnited States Bankruptcy Court, D. Massachusetts · 2004
- Barry v. DudleyMassachusetts Supreme Judicial Court · 1933
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