Cardoza v. Leveroni
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on August 9, 1917, alleging that the defendant, as administrator of the estate of one Mary De Castro, was in possession of a mortgage upon certain real estate owned by the plaintiffs, which he intended to foreclose, contending that there was a balance due thereon; that the defendant’s intestate previous to her death had made a gift to the plaintiffs of the balance due on the mortgage.
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Bill in equity, filed in the Superior Court on August 9, 1917, alleging that the defendant, as administrator of the estate of one Mary De Castro, was in possession of a mortgage upon certain real estate owned by the plaintiffs, which he intended to foreclose, contending that there was a balance due thereon; that the defendant’s intestate previous to her death had made a gift to the plaintiffs of the balance due on the mortgage. The prayers of the bill were that the defendant be restrained from foreclosing the mortgage and be ordered to execute and deliver a discharge of it. The suit was…
1Opinion of the CourtCarroll, J.
The defendant’s intestate, Mary De Castro, was the owner of a mortgage on the real estate of the complainant, Matthew E. Cardoza. The bill alleges that she made a gift to the plaintiff “of the balance then remaining unpaid on the said mortgage.” The plaintiffs seek to restrain the defendant from foreclosing this mortgage, which matured three years after its date, and while held by Miss De Castro was twice renewed. The mortgagor paid the interest to Mary Cass, an agent of the mortgagee, and made the last interest payment on October 14, 1914. On this date Cardoza delivered to Miss De Castro a…
2Cases cited7 opinions
- Supple v. Suffolk Savings Bank for SeamenMassachusetts Supreme Judicial Court · 1908
- Welch v. HenshawMassachusetts Supreme Judicial Court · 1898
- Duryea v. HarveyMassachusetts Supreme Judicial Court · 1903
- Weber v. CouchMassachusetts Supreme Judicial Court · 1883
- Buswell v. FullerMassachusetts Supreme Judicial Court · 1892
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3Cited by13 opinions
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- Sherman v. KoufmanMassachusetts Supreme Judicial Court · 1965
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