Dailey v. Doherty
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 17, 1918, and afterwards amended, against Bernard A. Doherty, Junior, individually, and as administrator with the will annexed of the estate of John F. Sullivan, late of Fall River, and the Citizens Savings Bank of Fall River, for an accounting. In the Superior Court the suit was heard by Morton, J., a commissioner having been appointed under Equity Rule 35 to take the testimony.
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Bill in equity, filed in the Superior Court on June 17, 1918, and afterwards amended, against Bernard A. Doherty, Junior, individually, and as administrator with the will annexed of the estate of John F. Sullivan, late of Fall River, and the Citizens Savings Bank of Fall River, for an accounting. In the Superior Court the suit was heard by Morton, J., a commissioner having been appointed under Equity Rule 35 to take the testimony. Material facts found by the judge are described in the opinion. By order of the judge, a final decree was entered dismissing the bill; and'the plaintiffs appealed.
1Opinion of the CourtJenney, J.
In 1900, John F. Sullivan owned real estate in Fall River, subject to a first mortgage to the Citizens Savings Bank of that city and to second and third mortgages now owned by the plaintiffs, Henry and Timothy Dailey, and then owned by said Henry Dailey and the late James Dailey. The third mortgage, in which James Dailey was mortgagee, provided that the mortgagee might “collect the rents after giving the grantor one week’s notice in writing of his intention to do so.” Sullivan was *367then in default upon all the mortgages and foreclosure was threatened by the first mortgagee.
In that year an oral…
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