Fennyery v. Ransom
Massachusetts Supreme Judicial Court
Bill in equity, filed March 21, 1896, in the Superior Court, to redeem land in Springfield from a mortgage. The answer, among other defences, set up laches. The case was referred to a master, who found and reported the following facts.
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Bill in equity, filed March 21, 1896, in the Superior Court, to redeem land in Springfield from a mortgage. The answer, among other defences, set up laches. The case was referred to a master, who found and reported the following facts. The plaintiffs are the heirs at law and devisees of one Catherine M. Fennyery, deceased, and the defendant is the administratrix de bonis non with the will annexed of one Henry E. Ransom, deceased, and is the owner, or claims to be the owner, of the lot of land described in the bill. The land in question was owned by Fennyery at the beginning of the year 1874,…
1Opinion of the CourtMorton, J.
Even if the bill had been seasonably filed, it is doubtful whether, upon the facts found by the master, the mortgagor or her heirs or grantees would have been entitled to redeem. It is well settled that a foreclosure sale will not be set aside because the property was sold for less than it was worth, *307or because there were no bidders present except the mortgagee and persons who were present in his interest, or because the property was struck off to some one for him and was afterwardsconveyed to him, or because notice of the sale was not given to the mortgagor if the mortgage did not require…
2Cases cited5 opinions
- Dyer v. ShurtleffMassachusetts Supreme Judicial Court · 1873
- Learned v. GeerMassachusetts Supreme Judicial Court · 1885
- Austin v. HatchMassachusetts Supreme Judicial Court · 1893
- Stevenson v. DanaMassachusetts Supreme Judicial Court · 1896
- Marcus v. CollamoreMassachusetts Supreme Judicial Court · 1897
3Cited by11 opinions
- Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
- Chace v. MorseMassachusetts Supreme Judicial Court · 1905
- Farmers National Bank of Annapolis v. VennerMassachusetts Supreme Judicial Court · 1906
- Taylor v. WeingartnerMassachusetts Supreme Judicial Court · 1916
- Gadreault v. ShermanMassachusetts Supreme Judicial Court · 1924
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