Matthews v. Dinner
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on May 17, 1920, and afterwards amended, alleging in substance that the defendant had foreclosed a second mortgage upon premises owned by the plaintiffs without their having received notice of the foreclosure proceedings and had purchased at the foreclosure sale; that thereafter the defendant had agreed to waive the alleged foreclosure upon payment by the plaintiffs of $75, the expenses of the proceedings, that the $75 had been…
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Bill in equity, filed in the Superior Court on May 17, 1920, and afterwards amended, alleging in substance that the defendant had foreclosed a second mortgage upon premises owned by the plaintiffs without their having received notice of the foreclosure proceedings and had purchased at the foreclosure sale; that thereafter the defendant had agreed to waive the alleged foreclosure upon payment by the plaintiffs of $75, the expenses of the proceedings, that the $75 had been paid, but that the defendant had recorded the deed given him at the foreclosure sale. The plaintiffs in the bill also…
1Opinion of the CourtDe Courcy, J.
On October 15,1919, the plaintiffs mortgaged to the defendant their three-family house and lot for $1,100, subject to a prior mortgage to a co-operative bank for $3,200. The trial judge found that in February, 1920, they were in default in payments due under both mortgages and for unpaid taxes; and the defendant began foreclosure proceedings. The subsequent events are summarized in the judge’s findings as follows: “I find that, after the defendant began to foreclose by advertising the property for sale, he agreed with the plaintiff’s sister that if certain specific payments were made on…
2Cases cited2 opinions
- Howe v. HoweMassachusetts Supreme Judicial Court · 1908
- Way v. MullettMassachusetts Supreme Judicial Court · 1886
3Cited by6 opinions
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1926
- Taylor v. JonesMassachusetts Supreme Judicial Court · 1922
- Outpost Cafe, Inc. v. Fairhaven Savings BankMassachusetts Appeals Court · 1975
- Beal v. Attleborough Savings BankMassachusetts Supreme Judicial Court · 1924
- Covell v. MatthewsMassachusetts Supreme Judicial Court · 1923
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