Legal Opinion

Drinan v. Nichols

Massachusetts Supreme Judicial Court

Decided June 27, 1874PublishedCited by 20 opinions

Bill in equity brought by the plaintiff as administratrix of the estate of Michael Drinan, against Rebecca A. Nichols and Clark R. Moore, to redeem an estate sold by the defendant Nichols to the defendant Moore under a power of sale contained in a mortgage made by John T. Pope to said Nichols; which estate had, after the execution of said mortgage, been conveyed by Pope to said Michael Drinan, subject to said mortgage.

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Bill in equity brought by the plaintiff as administratrix of the estate of Michael Drinan, against Rebecca A. Nichols and Clark R. Moore, to redeem an estate sold by the defendant Nichols to the defendant Moore under a power of sale contained in a mortgage made by John T. Pope to said Nichols; which estate had, after the execution of said mortgage, been conveyed by Pope to said Michael Drinan, subject to said mortgage. The case Avas heard before Ames, J., who reserved it for the consideration of the full court upon the bill, answers and the following report: “ It appeared that the condition…

1Opinion of the CourtEndicott, J.

It appears by the report that John T. Pope, being the owner of the estate, made and executed the mortgage and note to the defendant Nichols, and afterwards conveyed the equity to Michael Drinan, the plaintiff’s husband, who died intestate, leaving minor children, The note had been for some time deposited in a bank in Boston for the payee, and notices calling for the payment of interest as it became due were issued from the bank addressed to Pope. The plaintiff had twice paid the semi-annual interest to Pope on notice from him, and he had paid the same to the bank. The interest falling due…

2Cited by20 opinions

  1. Graffam v. BurgessSupreme Court of the United States · 1886
  2. Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
  3. Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
  4. Hood v. AdamsMassachusetts Supreme Judicial Court · 1878
  5. Ruebeck v. Attleboro Savings Bank (In Re Ruebeck)United States Bankruptcy Court, D. Massachusetts · 1985

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