Dexter v. Shepard
Massachusetts Supreme Judicial Court
Three bills nsr equity, to redeem three parcels of land in that part of Boston formerly Roxbury, from mortgages made by Alonzo Dexter to Otis Shepard.
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Three bills nsr equity, to redeem three parcels of land in that part of Boston formerly Roxbury, from mortgages made by Alonzo Dexter to Otis Shepard. Hearing before Wells, J., who made a report in substance as follows : The mortgage in the first and second case was to secure the sum of $2500, and, in the third case, the sum of $900. Each mortgage contained a power of sale in the usual form, providing that the mortgagee, upon any default in the performance of the conditions, might sell the granted premises “ by public auction, first publishing a notice of the time and place of sale, once each…
1Opinion of the CourtAmes, J.
The notice of the time' and place of sale was given in exact conformity to the terms of the power. There is nothing in the mortgage that requires the first advertisement to be published three weeks before the time appointed for the sale, This point is fully disposed of by the.decision in Frothingham v March, 1 Mass. 247.
*485It is equally well settled that a mortgagee has a right, in the exercise of a reasonable discretion, to adjourn the sale from time to time. He is acting not only in his own right, but also as the attorney or agent of the mortgagor; and although the immediate occasion and…
2Cases cited3 opinions
- Richards v. HolmesSupreme Court of the United States · 1856
- Burns v. ThayerMassachusetts Supreme Judicial Court · 1874
- Frothingham v. MarchMassachusetts Supreme Judicial Court · 1804
3Cited by26 opinions
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
- Rogers v. BarnesMassachusetts Supreme Judicial Court · 1897
- Seppala & Aho Construction Co. v. PetersenMassachusetts Supreme Judicial Court · 1977
- Hall v. BlissMassachusetts Supreme Judicial Court · 1875
- Chartrand v. Newton Trust Co.Massachusetts Supreme Judicial Court · 1936
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