Gerrity v. Wareham Savings Bank
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on May 21,1908, by a judgment creditor of one Morris Wheeler, who on September 9, 1907, had made an attachment upon certain real estate of Wheeler ón Brunswick Street in that part of Boston called Roxbury, and on March 21,1908, had caused such real estate to be levied upon in execution and to be sold to himself, subject to a mortgage made by Wheeler to one Joseph Rudnick on March 22, 1907, and assigned by Rudnick to the defendant…
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Bill in equity, filed in the Superior Court on May 21,1908, by a judgment creditor of one Morris Wheeler, who on September 9, 1907, had made an attachment upon certain real estate of Wheeler ón Brunswick Street in that part of Boston called Roxbury, and on March 21,1908, had caused such real estate to be levied upon in execution and to be sold to himself, subject to a mortgage made by Wheeler to one Joseph Rudnick on March 22, 1907, and assigned by Rudnick to the defendant on October 15,1907, when such mortgage was overdue, alleging that the defendant paid no consideration for such assignment…
1Opinion of the CourtBraley, J.
The plaintiff as the purchaser at the sale on execution, having acquired the interest of the judgment debtor at the date of the attachment in the realty described in the bill, the subsequent mortgages given to the defendant were subject to his title. R. L. c. 178, § 26. Wiggin v. Heywood, 118 Mass. 514, 516. But the bank, having obtained by assignment from Rudnick the prior outstanding mortgage given to secure advances for the purchase price of the land and the construction of the buildings, which it is proceeding to foreclose, the plaintiff asks for a decree, that either the bank has no…
2Cases cited16 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- National Bank v. WhitneySupreme Court of the United States · 1881
- Galveston Railroad v. CowdreySupreme Court of the United States · 1871
- Wiggin v. HeywoodMassachusetts Supreme Judicial Court · 1875
- New York Bank Note Co. v. Kidder Press Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
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3Cited by15 opinions
- Greenfield Savings Bank v. AbercrombieMassachusetts Supreme Judicial Court · 1912
- Romanausky v. SkutulasMassachusetts Supreme Judicial Court · 1927
- Cook v. HoweMassachusetts Supreme Judicial Court · 1932
- Gordon v. GuernseyMassachusetts Supreme Judicial Court · 1944
- Gray v. McClellanMassachusetts Supreme Judicial Court · 1913
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