Thompson v. Heywood
Massachusetts Supreme Judicial Court
Bill in equity, filed April 22, 1879, against Charles L. Heywood and Augustus N. Loring, alleging that, on November 20, 1874, Sarah W. Worster mortgaged to the plaintiff certain parcels of land in Revere, to secure the payment of $5000 and interest in three years from that date, which mortgage was still unsatisfied ; that, when the plaintiff took his mortgage, the land was subject to three prior mortgages, the first of which was for $3000 to Elijah A. Shaw, which was…
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Bill in equity, filed April 22, 1879, against Charles L. Heywood and Augustus N. Loring, alleging that, on November 20, 1874, Sarah W. Worster mortgaged to the plaintiff certain parcels of land in Revere, to secure the payment of $5000 and interest in three years from that date, which mortgage was still unsatisfied ; that, when the plaintiff took his mortgage, the land was subject to three prior mortgages, the first of which was for $3000 to Elijah A. Shaw, which was assigned to the defendant Loring on October 10, 1874; that the defendant Heywood was the owner of the equity of redemption in…
1Opinion of the CourtSoule, J.
One who undertakes to execute a power of sale is bound to the observance of good faith, and to a careful regard for the interest of his principal. A mere literal compliance with the terms of the power is not enough. And though a stranger to his proceedings, finding them regular in form, and purchasing in good faith, and who has paid value for the premises, might not be affected by his unfaithfulness, no one who participated with him in attempting to execute the power, without regard to the interest of the principal, is entitled to reap any benefit from Such fraudulent conduct. Montague v.…
2Cases cited3 opinions
- Drinan v. NicholsMassachusetts Supreme Judicial Court · 1874
- Roche v. FarnsworthMassachusetts Supreme Judicial Court · 1871
- Putnam v. CollamoreMassachusetts Supreme Judicial Court · 1876
3Cited by19 opinions
- Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Rogers v. BarnesMassachusetts Supreme Judicial Court · 1897
- Harper v. Interstate Brewery Co.Oregon Supreme Court · 1941
- Callner v. GreenbergIllinois Supreme Court · 1941
- Plum v. Studebaker Bros.' ManufacturingSupreme Court of Missouri · 1886
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