Dennett v. Codman
Massachusetts Supreme Judicial Court
Tort, for slander of title and conspiracy to defraud the plaintiffs of certain land in Belmont, and fraudulently to foreclose a mortgage thereon. Trial in the Superior Court, before Blodgett, J., who ruled that the action could not be maintained, and directed the jury to return a verdict for the defendants; and the plaintiffs alleged exceptions. The facts material to the point decided appear in the opinion.
1Opinion of the CourtKnowlton, J.
The plaintiffs abandoned their counts for slander of title, and left the case to stand on their allegations of conspiracy to deprive them of a parcel of land, and fraudulently to foreclose a mortgage upon it. There is no evidence that the defendants, or either of them, did anything that they had not a right to do, or that they resorted to any illegal means to do anything, unless it be in the foreclosure of the mortgage under the power of sale.
*429If we assume in favor of the plaintiffs that the jury might have found such negligence or misconduct on the part of the defendants in making the sale as…
2Cases cited1 opinion
- Dennett v. CodmanMassachusetts Supreme Judicial Court · 1893
3Cited by8 opinions
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
- National Life Insurance Company, a Corporation v. Jerome Silverman, Carroll Arms Associates, a District of Columbia Limited Partnership v. National Life Insurance Company, a Vermont Corporation, A/K/A National Life of VermontCourt of Appeals for the D.C. Circuit · 1971
- National Life Insurance v. SilvermanCourt of Appeals for the D.C. Circuit · 1971
- O'Brien v. LoganMassachusetts Supreme Judicial Court · 1920
- Hanley v. MasonIndiana Court of Appeals · 1908
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