Pope v. Burrage
Massachusetts Supreme Judicial Court
Bill m equity against Alvah A. Burrage and William W. Burrage, executors of William Barrage, Josiah Burrage and Edward G. Bussell, to redeem a parcel of land in Cambridge, from a mortgage. Hearing before Devens, J., who reported the case for the consideration of the full court substantially as follows : The defendants, Alvah A. and William W. Burrage, assignees of the mortgage, advertised the premises for sale under the power.
Read the full summary
Bill m equity against Alvah A. Burrage and William W. Burrage, executors of William Barrage, Josiah Burrage and Edward G. Bussell, to redeem a parcel of land in Cambridge, from a mortgage. Hearing before Devens, J., who reported the case for the consideration of the full court substantially as follows : The defendants, Alvah A. and William W. Burrage, assignees of the mortgage, advertised the premises for sale under the power. The advertisement gave no notice that any sum of money was to be required as a deposit at the time of sale. At the sale, September 8, 1873, the auctioneer gave notice…
1Opinion of the CourtMorton, J.
The report finds that there was no want of good faith on the part of the holders of the mortgage, and that they did all that was required by the terms of the power, and by the good faith required of a mortgagee selling under a power.
It also finds that the advertisement gave no notice, that any sum of money would be required as a deposit at the time of the sale, or that the terms would be then stated, that at the sale the auctioneer gave notice that a deposit of two hundred dollars would be required, unless the purchaser was known either to the holder of the mortgage or to the auctioneer, and…
2Cited by10 opinions
- Chartrand v. Newton Trust Co.Massachusetts Supreme Judicial Court · 1936
- Union Market National Bank v. DerderianMassachusetts Supreme Judicial Court · 1945
- Kavolsky v. KaufmanMassachusetts Supreme Judicial Court · 1930
- Wing v. HayfordMassachusetts Supreme Judicial Court · 1878
- 146 Dundas Corp. v. Chemical BankMassachusetts Supreme Judicial Court · 1987
5 more not listed; retrieve them via the Exa API.