Converse v. Ware Savings Bank
Massachusetts Supreme Judicial Court
Contract to recover the surplus proceeds of a mortgage sale. Phineas Beaman, summoned in under the St. of 1886, c. 281, appeared as claimant of the fund. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, on agreed facts, which appear in the opinion.
1Opinion of the CourtW. Allen, J.
The substance and effect of the agreed statement is this. One Harvey mortgaged land to the Ware Savings Bank to secure the sum of $2,800, he afterwards mortgaged a parcel of the mortgaged land to the plaintiff by warranty deed, making no mention of the mortgage to the savings bank, to secure the sum of $700, and he afterwards mortgaged the whole land with other land to the claimant, expressly subject to the mortgage to the savings bank. The plaintiff duly foreclosed' his mortgage by sale, at which he was the purchaser for $10. After-wards the savings bank foreclosed its mortgage by sale and…
2Cases cited2 opinions
- Clark v. FontainMassachusetts Supreme Judicial Court · 1883
- Beard v. FitzgeraldMassachusetts Supreme Judicial Court · 1870
3Cited by8 opinions
- Mattel v. ConantMassachusetts Supreme Judicial Court · 1892
- Burr v. CommonwealthMassachusetts Supreme Judicial Court · 1912
- Costa v. SardinhaMassachusetts Supreme Judicial Court · 1928
- Roberts v. United States Trust Co.Massachusetts Supreme Judicial Court · 1919
- Rugg v. RecordMassachusetts Supreme Judicial Court · 1926
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