King v. Bronson
Massachusetts Supreme Judicial Court
Bill in equity, filed April 20, 1876, against Sarah. A. Bronson, as administratrix of the estate of Alfred R. Bronson, and Charles W. Wood, to redeem land, in Worcester from a mortgage.
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Bill in equity, filed April 20, 1876, against Sarah. A. Bronson, as administratrix of the estate of Alfred R. Bronson, and Charles W. Wood, to redeem land, in Worcester from a mortgage. The case was heard by Devens, J., who, at the request of the defendants, reported it to the full court as follows: On April 1, 1873, the plaintiff mortgaged the estate to Alfred R. Bronson to secure the payment of $2000 payable on demand, with interest at the rate of eight per cent, per annum, payable semi-annually. The mortgage contained the following condition : “ And provided also, that at any time after…
1Opinion of the CourtEndicott, J.
The mortgage in this case provides, that, after the expiration of sixty days from the breach of any of the conditions named therein, the mortgagee or those claiming under l:im may sell the premises at public auction “ without further notice or demand, except giving notice” by advertisement for *127three successive weeks in a newspaper. Upon non-payment, therefore, of interest due, which was a breach of one of the conditions, no demand was required by the terms of the power to be made upon the plaintiff, or the other parties bound by contract to pay or having the right to redeem. The right to sell…
2Cases cited3 opinions
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- Drinan v. NicholsMassachusetts Supreme Judicial Court · 1874
- Roche v. FarnsworthMassachusetts Supreme Judicial Court · 1871
3Cited by16 opinions
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
- Chartrand v. Newton Trust Co.Massachusetts Supreme Judicial Court · 1936
- da Silva v. TurnerMassachusetts Supreme Judicial Court · 1896
- Learned v. GeerMassachusetts Supreme Judicial Court · 1885
- Vahey v. BigelowMassachusetts Supreme Judicial Court · 1911
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