Atkins v. Atkins
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on November 15, 1904, by Edward Atkins, trustee under the will of Amasa Harmon, late of Boston, for the benefit of Mary E. Harmon and others, against Martha M. Atkins, the wife of the plaintiff, to compel the defendant to pay to the plaintiff as such trustee the sum of $5,000, with interest from July 11, 1900, less the sum of $500, as the purchase price of a certain parcel of land in that part of Gloucester called Magnolia, which…
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Bill in equity, filed in the Superior Court on November 15, 1904, by Edward Atkins, trustee under the will of Amasa Harmon, late of Boston, for the benefit of Mary E. Harmon and others, against Martha M. Atkins, the wife of the plaintiff, to compel the defendant to pay to the plaintiff as such trustee the sum of $5,000, with interest from July 11, 1900, less the sum of $500, as the purchase price of a certain parcel of land in that part of Gloucester called Magnolia, which the plaintiff sold under a power of sale contained in a mortgage on the land held by him as such trustee and which he…
1Opinion of the CourtBjraley, J.
The plaintiff as trustee under the will of Amasa Harmon held a mortgage with a power of sale on the land de*127scribed in the bill, and the interest not having been paid, he not only took and held peaceable possession under R. L. c. 187, § 1, which had continued for more than three years before the bringing of this suit, but a foreclosure under the power followed. In pursuance of a previous arrangement _ that the defendant should buy the property through an intermediary, it was sold to one Harriet A. Clark for a sum sufficient to cover the debt with interest and the expenses of sale. She…
2Cases cited61 opinions
- Mallow v. HindeSupreme Court of the United States · 1827
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- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
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