Hawkinson v. Banaghan
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on April 6,1909, alleging that the plaintiff was the mortgagee in a certain mortgage of real estate given by the defendant, that he had entered upon the mortgaged premises for the purpose of foreclosing, had given notice to tenants that they should pay rent to him, and had started foreclosure proceedings under the power of sale in the mortgage; and that the defendant had interfered with the plaintiff in the collection of the rents.
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Bill in equity, filed in the Superior Court on April 6,1909, alleging that the plaintiff was the mortgagee in a certain mortgage of real estate given by the defendant, that he had entered upon the mortgaged premises for the purpose of foreclosing, had given notice to tenants that they should pay rent to him, and had started foreclosure proceedings under the power of sale in the mortgage; and that the defendant had interfered with the plaintiff in the collection of the rents. The prayers of the bill were that the defendant might be enjoined from further interfering with the plaintiff in the…
1Opinion of the CourtKnowlton, C. J.
This is a bill to enforce the plaintiff’s rights under a mortgage against the defendant as mortgagor. The plaintiff made an open and peaceable entry upon the premises for the purpose of foreclosing the mortgage for a breach of the condition thereof, and the defendant interfered with the plaintiff’s collection of rents from the tenants in occupation. The bill was brought to enjoin the defendant from collecting the rents or interfering with the plaintiff in his collection of *593them. A cross bill to redeem was afterwards filed by the defendant, and an appeal was taken from the final decree…
2Cases cited11 opinions
- Richards v. HolmesSupreme Court of the United States · 1856
- Mactier v. OsbornMassachusetts Supreme Judicial Court · 1888
- Gordon v. RichardsonMassachusetts Supreme Judicial Court · 1904
- Campbell v. MacombNew York Court of Chancery · 1820
- Holden v. GilbertNew York Court of Chancery · 1838
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- A-Z Servicenter, Inc. v. SegallMassachusetts Supreme Judicial Court · 1956
- Parker v. MazurCourt of Appeals of Texas · 1928
- Broadway National Bank v. HaywardMassachusetts Supreme Judicial Court · 1934
- Charlestown Five Cents Savings Bank v. ZeffMassachusetts Supreme Judicial Court · 1931
- Better v. WilliamsCourt of Appeals of Maryland · 1954
4 more not listed; retrieve them via the Exa API.