Hallowell v. Ames
Massachusetts Supreme Judicial Court
■ Bill IN equity, filed in the Superior Court on September 20, 1889, alleging that the defendant, on September 12, 1871, made a promissory note for $2,300, payable on demand to the order of Joseph W. Smith, and secured by a mortgage of land in Lawrence, duly recorded, and which did not .contain .a power of sale; that, on February 7, 1889, Smith executed a deed of assignment of all his property, including said note and mortgage, to the plaintiff, for the benefit of the…
Read the full summary
■ Bill IN equity, filed in the Superior Court on September 20, 1889, alleging that the defendant, on September 12, 1871, made a promissory note for $2,300, payable on demand to the order of Joseph W. Smith, and secured by a mortgage of land in Lawrence, duly recorded, and which did not .contain .a power of sale; that, on February 7, 1889, Smith executed a deed of assignment of all his property, including said note and mortgage, to the plaintiff, for the benefit of the creditors of Smith; and that the plaintiff had demanded of the defendant payment of said sum of $2,300, and of the interest…
1Opinion of the CourtKnowlton, J.
The fundamental question in this case is whether, in the absence of special facts calling for equitable relief, the court has jurisdiction in equity to decree a foreclosure and sale of real estate conveyed by a mortgage deed which does not contain a power of sale. Were there no statutes in regard to the foreclosure of mortgages in this Commonwealth there would be much force in the suggestion that, since the enactment of statutes giving the courts full equity jurisdiction, a sale may be ordered by the court in an ordinary suit for the foreclosure of a mortgage which contains no power of sale,…
2Cases cited1 opinion
- Husband v. AldrichMassachusetts Supreme Judicial Court · 1883
3Cited by3 opinions
- John Hancock Mutual Life Insurance v. LesterMassachusetts Supreme Judicial Court · 1920
- Old Colony Trust Co. v. Great White Spirit Co.Massachusetts Supreme Judicial Court · 1901
- Crossman v. GriggsMassachusetts Supreme Judicial Court · 1904