Colcord v. Bettinson
| Decision Date | 06 May 1881 |
| Citation | 131 Mass. 233 |
| Parties | Sarah A. Colcord v. Edward W. Bettinson |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Middlesex. Bill in equity to redeem land in Everett from a mortgage. At the hearing, before Lord, J., it appeared that the land had been sold by the mortgagee, under a power contained in the mortgage, for breach of a condition therein, and that the only question was as to the validity of the sale. The judge ordered the bill to be dismissed, and reported the case for the consideration of the full court. The facts appear in the opinion.
Decree affirmed, with costs.
C Robinson, Jr., (G. A. Blaney with him,) for the plaintiff.
H. B Crandall, for the defendant.
The plaintiff in 1866 executed a mortgage of the premises to the defendant, in which she described herself as of Malden, and the premises as situated in the south part of Malden. The south part of Malden was afterwards incorporated as the town of Everett. St. 1870, c. 66. In 1875, she executed the second mortgage to the defendant, under which the sale took place. In this mortgage she also describes herself as of Malden, and the premises as situated in the south part of Malden; although she then resided on the premises within the limits of Everett. This mortgage provided that, upon breach of condition, and upon publishing notice of sale in a newspaper printed in the county of Middlesex, a sale of the premises might be made "at public auction in said Malden." The notice of sale was given in a newspaper published in Everett, which is in the county of Middlesex, and advertised that the sale would take place "on the premises described in the mortgage deed to wit, a lot of land situated in the south part of Malden." And then follows a description of the lot by metes and bounds, as situated on the road leading from Chelsea to Malden, which is the same as that contained in the mortgage itself. The notice gives the date of the mortgage, and refers to the book and page in the registry where it is recorded. The sale took place, as advertised, on the premises.
The plaintiff contends that the notice was insufficient, and that the sale was made at a place not authorized by the mortgage.
1. We are of opinion that the notice was sufficient. It was strictly in compliance with the terms of the mortgage, and the good faith of the defendant is not denied. Under such circumstances, the sale will not be set aside unless it appears that some further description of the premises or place of sale was required, in order properly to protect the rights and interest of the plaintiff. Drinan v. Nichols, 115 Mass. 353.
It is not contended that the notice misled the plaintiff, for she knew that the sale was to take place under the notice and upon the premises. It is urged, however, that it...
To continue reading
Request your trial
-
Ten Hills Co. v. Ten Hills Corp.
...or conduct of a sale under a power in a mortgage will not vitiate a sale. Newman v. Jackson, 12 Wheat. 570, 6 L.Ed. 732; Colcord v. Bettinson, 131 Mass. 233; Johnson v. Cocks, 37 Minn. 530, 35 N.W. Stevins v. Bond, 44 Md. 506, 511; Schoch v. Birdsall, 48 Minn. 441, 444, 51 N.W. 382.' Beacon......
-
Noland v. Bank of Lee's Summit
... ... Page, 76 ... Maine, 279; Dickenson v. Small, 64 Md. 395; ... Jackson v. Harris, 3 Cow. 241; Judd v ... O'Brien, 21 N.Y. 186; Colcord v. Bettinson, ... 131 Mass. 233; Reading v. Waterman, 46 Mich. 107; ... Nau v. Brunette, 79 Wis. 664; Loveland v ... Clark, 11 Col. 265; Streetor ... ...
-
Beacon Hill Land Co. v. Bowen
...or conduct of a sale under a power in a mortgage will not vitiate a sale. Newman v. Jackson, 12 Wheat. 570, 6 L. Ed. 732; Colcord v. Bettinson, 131 Mass. 233; Johnson v. Cocks, 37 Minn. 530, 35 N. W. 436; Stevins v. Bond, 44 Md. 506, 511; Schoch v. Birdsall, 48 Minn. 441, 444, 51 N. W. 382.......
-
Fed. Nat'l Mortg. Ass'n v. Nunez
...the published notice of foreclosure did not violate the statutory requirements found in G.L. c. 244, § 14.4 On this point, Colcord v. Bettinson, 131 Mass. 233 (1881), is instructive. In Colcord, the location of the property sold at foreclosure auction had once been within the boundaries of ......