Lowe v. Moore
Massachusetts Supreme Judicial Court
Action on the St. of 1879, e. 237, to recover possession of a parcel of land in New Bedford. At the trial in the Superior Court, before Colburn, J., it appeared in evidence that, in June 1876, the defendant executed and delivered a mortgage deed, with a power of sale contained therein, of the premises described in the plaintiff’s writ to secure a note of $1500, payable five years from date to one Moses G. Tucker; that the power in the deed provided “that Moses G. Tucker or…
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Action on the St. of 1879, e. 237, to recover possession of a parcel of land in New Bedford. At the trial in the Superior Court, before Colburn, J., it appeared in evidence that, in June 1876, the defendant executed and delivered a mortgage deed, with a power of sale contained therein, of the premises described in the plaintiff’s writ to secure a note of $1500, payable five years from date to one Moses G. Tucker; that the power in the deed provided “that Moses G. Tucker or his assigns may purchase at said sale, and that no other purchasers shall be answerable for the application of the…
1Opinion of the CourtField, J.
The ruling was right. The purpose of the St. of 1879, e. 237, was to furnish to the person who has a valid title to the estate a speedy method of obtaining possession of it, immediately upon the foreclosure of the mortgage by a sale under the power. That person is the purchaser at the sale. Warren v. James, 130 Mass. 540. Harris v. Carmody, 131 Mass. 51.
Exceptions overruled.
2Cases cited2 opinions
- Harris v. CarmodyMassachusetts Supreme Judicial Court · 1881
- Warren v. JamesMassachusetts Supreme Judicial Court · 1881
3Cited by6 opinions
- New England Mutual Life Insurance v. WingMassachusetts Supreme Judicial Court · 1906
- North Brookfield Savings Bank v. FlandersMassachusetts Supreme Judicial Court · 1894
- Anderson v. ConnollyMassachusetts Supreme Judicial Court · 1941
- Clark v. GriffinMassachusetts Supreme Judicial Court · 1889
- Swain v. SoglieroMassachusetts Supreme Judicial Court · 1929
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