Way v. Dyer
Massachusetts Supreme Judicial Court
Bill ie equity, filed November 6,1899, against Walter R Dyer, Benjamin Harris, and Max E. Wyzanski, and Charles E. Wyzanski, executors of the will of Henry Wyzanski, to redeem land from a sale under a power in a third mortgage made to the defendant Dyer by one Donoghue, who conveyed the land to the plaintiff subject to the mortgages thereon, the other defendants being purchasers from Dyer after the foreclosure sale; and also for an accounting in regard to the first and third…
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Bill ie equity, filed November 6,1899, against Walter R Dyer, Benjamin Harris, and Max E. Wyzanski, and Charles E. Wyzanski, executors of the will of Henry Wyzanski, to redeem land from a sale under a power in a third mortgage made to the defendant Dyer by one Donoghue, who conveyed the land to the plaintiff subject to the mortgages thereon, the other defendants being purchasers from Dyer after the foreclosure sale; and also for an accounting in regard to the first and third mortgages. Hearing before Knowlton, J., who reported the case for the consideration of the full court. The facts appear…
1Opinion of the CourtMorton, J.
This is a bill to redeem from a foreclosure sale under a third mortgage for SI,000, and also for an accounting in regard to that and the first mortgage. The ease was heard by a single justice, who was of the opinion that the bill should be dismissed as to all of the defendants except Dyer, but that as against him the plaintiff was entitled to an account, for the reasons stated in the report.* The case comes here on a report made at the request of all of the defendants except Dyer.
It is found that, when the foreclosure proceedings were commenced and concluded, interest was due on the amount…
2Cases cited4 opinions
- Dexter v. ShepardMassachusetts Supreme Judicial Court · 1875
- da Silva v. TurnerMassachusetts Supreme Judicial Court · 1896
- Stevenson v. DanaMassachusetts Supreme Judicial Court · 1896
- Marcus v. CollamoreMassachusetts Supreme Judicial Court · 1897
3Cited by7 opinions
- Ruebeck v. Attleboro Savings Bank (In Re Ruebeck)United States Bankruptcy Court, D. Massachusetts · 1985
- Ferebee v. . SawyerSupreme Court of North Carolina · 1914
- Carilli v. HerseyMassachusetts Supreme Judicial Court · 1937
- Russell v. BonMassachusetts Supreme Judicial Court · 1915
- Fitzgerald v. First National BankMassachusetts Appeals Court · 1999
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