Brown v. Wentworth
Massachusetts Supreme Judicial Court
Bill in equity, filed June 9, 1899, to redeem from two mortgages, the first for $5,000 covering three parcels of land, and the second for $1,700 covering the same parcels and three others adjacent thereto, all on the shores of Chebacco Lake in Hamilton in the county of Essex and the first three parcels having thereon a hotel known as the Winnepoyken House.
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Bill in equity, filed June 9, 1899, to redeem from two mortgages, the first for $5,000 covering three parcels of land, and the second for $1,700 covering the same parcels and three others adjacent thereto, all on the shores of Chebacco Lake in Hamilton in the county of Essex and the first three parcels having thereon a hotel known as the Winnepoyken House. At the trial in the Superior Court, before Pierce, J., without a jury, the plaintiff asked the judge to make the following rulings: 1. That upon all the evidence the plaintiff is entitled to redeem. 2. That the plaintiff, as of right, is…
1Opinion of the CourtHolmes, C. J.
This is a bill to redeem land from two mortgages. It was dismissed by the judge of the Superior Court who tried the case, and it comes here by appeal. The judge *52found that the mortgagee acted in good faith and with reasonable regard for the rights of the mortgagor, and that the property was fairly sold and brought a fair price. Of course these findings, so far as they depend on oral testimony as to the conducting of the foreclosure, would not be disturbed except upon strong reasons. We see no ground for doubt that the findings were right, subject to the questions which we shall mention. Some…
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