People's Savings Bank v. Wunderlich
Massachusetts Supreme Judicial Court
Bill in equity by the assignee of a second mortgage, to redeem certain land in Arlington from a sale purporting to have been made under a power of sale in a first mortgage thereon, filed February 15, 1899. The case was heard in the Superior Court on agreed facts and certain oral evidence by Sheldon, J., who made a decree, declaring the plaintiff entitled to redeem the lots described in his bill from the first mortgage, and referring the case to a master to state the account.
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Bill in equity by the assignee of a second mortgage, to redeem certain land in Arlington from a sale purporting to have been made under a power of sale in a first mortgage thereon, filed February 15, 1899. The case was heard in the Superior Court on agreed facts and certain oral evidence by Sheldon, J., who made a decree, declaring the plaintiff entitled to redeem the lots described in his bill from the first mortgage, and referring the case to a master to state the account. From this decree the defendant Frank W. Wunderlich, who as assignee of the first mortgage had made the sale in…
1Opinion of the CourtLoring, J.
The mortgage in question provided that in case of default the mortgagee might “ sell the granted premises or such portion thereof as may remain subject to this mortgage in case of any partial release hereof.” There was a partial release of one of the four lots originally covered by the mortgage, on payment of $1,200, leaving $800 of the mortgage debt due. Under the circumstances existing at the date of the advertisement under which the sale in question took place, all the land, over which the assignee of the mortgage .had a power of sale, was the remaining three lots; but by mistake he…
2Cases cited3 opinions
- Bell Silver & Copper Mining Co. v. First National BankSupreme Court of the United States · 1895
- Pryor v. BakerMassachusetts Supreme Judicial Court · 1882
- Colcord v. BettinsonMassachusetts Supreme Judicial Court · 1881
3Cited by8 opinions
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
- Chace v. MorseMassachusetts Supreme Judicial Court · 1905
- Baca v. ChavezNew Mexico Supreme Court · 1927
- Brown v. WentworthMassachusetts Supreme Judicial Court · 1902
- Diversified Developers, Inc. v. Texas First Mortgage ReitCourt of Appeals of Texas · 1979
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