Kempton v. Boyle
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on December 15, 1917, by the holders of two junior mortgages respectively on two parcels of real estate in Springfield against James H. Boyle, the holder. of prior construction mortgages thereon, and Henry Tremblay and Octave Vaillancourt, the mortgagors, to redeem the property from the prior mortgages and for an accounting.
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Bill in equity, filed in the Superior Court on December 15, 1917, by the holders of two junior mortgages respectively on two parcels of real estate in Springfield against James H. Boyle, the holder. of prior construction mortgages thereon, and Henry Tremblay and Octave Vaillancourt, the mortgagors, to redeem the property from the prior mortgages and for an accounting. The case was referred to a master, who filed a report containing, with other findings, the findings of the facts that are stated in the opinion. Later the case was heard by King, J., who found the facts to be as set forth in the…
1Opinion of the CourtDe Courcy, J.
The plaintiffs hold a junior mortgage on each of two lots of land in Springfield, and seek from the defendant Boyle, owner of prior construction mortgages, an accounting in order to determine the amount required for redemption. The mortgagors, Tremblay and Vaillancourt, partially erected a building on the lot at the corner of Plainfield and Rowland streets, but abandoned the work on September 2, 1917, when the house was ready for roofing. They then had received from the first mortgagee, Boyle, a payment'of $400 on July 27, 1917, $400 on August 17 and $500 on September 1. Boyle, however, took…
2Cases cited1 opinion
- Tripp v. BabcockMassachusetts Supreme Judicial Court · 1907
3Cited by3 opinions
- Barry v. General Mortgage & Loan Corp.Massachusetts Supreme Judicial Court · 1926
- Tierney v. Citizens Savings BankSupreme Court of Rhode Island · 1931
- Tierney v. Citizens Savings BankSuperior Court of Rhode Island · 1930