Russell v. Bon
Massachusetts Supreme Judicial Court
Bill in equity, filed on November 30, 1914, by the alleged owners of the equity of 'redemption in a parcel of land with the buildings thereon numbered 5 on Parkman Street in Boston to set aside a sale in foreclosure of a third mortgage on the property. In the Superior Court the case was heard by Fox, J., who refused to make certain rulings asked for by the plaintiff, among them the eighth, which is quoted in the opinion, and ordered a decree that the bill be dismissed.
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Bill in equity, filed on November 30, 1914, by the alleged owners of the equity of 'redemption in a parcel of land with the buildings thereon numbered 5 on Parkman Street in Boston to set aside a sale in foreclosure of a third mortgage on the property. In the Superior Court the case was heard by Fox, J., who refused to make certain rulings asked for by the plaintiff, among them the eighth, which is quoted in the opinion, and ordered a decree that the bill be dismissed. The plaintiff alleged exceptions.
1Opinion of the CourtPierce, J.
By the terms of the instrument of conveyance this, a third mortgage with a power of sale, was made “subject to a first mortgage for $10,000, and a second mortgage upon which there now remains unpaid the sum of $3,350.”
*371On September 17, 21 and 28, 1914, following an admitted default in the performance of a condition of the mortgage relating to the payment of the debt thereby secured, the mortgagee, by virtue of the power, advertised the sale of the mortgaged premises by public auction on the premises on October 10, 1914, at which time and place the sale was adjourned until October 13, 1914. On…
2Cases cited2 opinions
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