Legal Opinion

Peter Bent Brigham Hospital v. McClure

Massachusetts Supreme Judicial Court

Decided May 25, 1923PublishedCited by 4 opinions

Bill in equity, filed in the Superior Court on April 5, 1920, against Arabelle H. McClure and the administrator of the estate of her father, Charles F. McClure, late of Boston, to have adjudicated the amount still due to the plaintiff after the foreclosure of a mortgage securing a mortgage note given by Charles F. McClure and to reach and apply toward satisfaction thereof certain real estate alleged to have been conveyed by McClure to his daughter with intent to defeat and…

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Bill in equity, filed in the Superior Court on April 5, 1920, against Arabelle H. McClure and the administrator of the estate of her father, Charles F. McClure, late of Boston, to have adjudicated the amount still due to the plaintiff after the foreclosure of a mortgage securing a mortgage note given by Charles F. McClure and to reach and apply toward satisfaction thereof certain real estate alleged to have been conveyed by McClure to his daughter with intent to defeat and defraud the plaintiff. In .the Superior Court, the suit was referred to a master. Material findings by the master are…

1Opinion of the CourtCarroll, J.

This suit in equity is brought to recover the difference between the proceeds of a foreclosure sale of mortgaged real estate and the amount due on the mortgage note. Charles F. McClure, in 1878, gave a note for $10,000 to the executors of the will of Peter Bent Brigham, secured by a mortgage on real estate on Tremont Street, Boston. McClure died in 1914. The defendant Arabelle H. McClure, hereinafter called the defendant, is his daughter. The defendant Barlow is his administrator. The mortgage was assigned to the plaintiff in 1902. It was foreclosed in 1918. The property was bid in for…

2Cases cited5 opinions

  1. O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
  2. Fay v. CorbettMassachusetts Supreme Judicial Court · 1919
  3. Stratton v. EdwardsMassachusetts Supreme Judicial Court · 1899
  4. Cook v. HolbrookMassachusetts Supreme Judicial Court · 1888
  5. Clark v. McMahonMassachusetts Supreme Judicial Court · 1898

3Cited by4 opinions

  1. Dorr v. TracyMassachusetts Supreme Judicial Court · 1924
  2. Commissioner of Banks v. WalkerMassachusetts Supreme Judicial Court · 1937
  3. Miller v. SartoriMassachusetts Supreme Judicial Court · 1928
  4. Lonstein v. HarringtonMassachusetts Supreme Judicial Court · 1928

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