Old Colony Trust Co. v. Great White Spirit Co.
| Decision Date | 01 March 1901 |
| Citation | 59 N.E. 673,178 Mass. 92 |
| Parties | OLD COLONY TRUST CO. v. GREAT WHITE SPIRIT CO. et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Chas K. Cobb, for plaintiff.
Brandeis Dunbar & Nutter, for defendants.
The only question in this case is whether there is jurisdiction in equity to order a foreclosure of the mortgage by a sale according to the terms of the decree. In Hallowell v Ames, 165 Mass. 123, 42 N.E. 558, the general rule was stated that, in the absence of special facts calling for equitable aid, the court has no jurisdiction in equity to decree the foreclosure and sale of real estate conveyed by a mortgage which does not contain a power of sale. In ordinary cases the elaborate statutory provisions for the foreclosure and redemption of mortgages contained in Pub. St. c. 181, fix the rights of mortgagors and mortgagees, and exclude resort to other methods; but when the terms of the mortgage, as applied to the mortgaged property, are such that the statutory provisions for foreclosure are not adequate to secure to both parties their rights, and to adjust the equities between them, the general jurisdiction of courts of equity, without reference to Pub. St. c. 151, § 2, is broad enough to authorize a proper decree for foreclosure. This jurisdiction had repeatedly been recognized and exercised in this commonwealth. Shaw v. Railroad Co., 5 Gray, 162; Haven v. Depot Co., 12 Allen, 337-341; Insurance Co. v. Salisbury, 130 Mass. 303; Hallowell v. Ames, 165 Mass. 123, 42 N.E. 558; Railroad Co. v. Chadwick, 171 Mass. 239, 50 N.E 629. In the case last cited the court says, 'We think there is no doubt that a court of equity, under our statutes, has jurisdiction over suits to foreclose mortgages of railroads, and in such cases may order a sale of the property and franchises covered by the mortgage.' In the other cases above cited, jurisdiction is assumed on general principles, without reference to the statutory provisions in regard to mortgages of railroads. In the present case the mortgage creates a trust, and there are elaborate provisions as to the protection of the rights of the parties if there is a breach of condition of the mortgage. The property conveyed includes nearly all the property of the mortgagor, real and personal; a part of it being real estate in Middlesex county, a part real estate in Suffolk county, and the rest a variety of articles of...
To continue reading
Request your trial
-
Carleton & Hovey Co. v. Burns
...no adequate remedy at law, and resort may be had to the general jurisdiction of a court of equity. Old Colony Trust Co. v. Great White Spirit Co., 178 Mass. 92, 59 N. E. 673;Federal Trust Co. v. Bristol County Street Railway Co., 218 Mass. 367, 105 N. E. 1064;Great Barrington Savings Bank v......
-
State Realty Co. of Boston v. MacNeil Bros. Co.
...N.E. 780, 9 A.L.R. 78; John Hancock Mutual Life Ins. Co. v. Lester, 234 Mass. 559, 563, 125 N.E. 594. See Old Colony Trust Co. v. Great White Spirit Co., 178 Mass. 92, 59 N.E. 673; Hoffman v. Charlestown Five Cents Savings Bank, 231 Mass. 324, 329, 121 N.E. 15. We do not doubt the power and......
-
City of Boston v. Santosuosso
...no details with respect to the time of issuing executions to be settled by supplementary decree. Compare Old Colony Trust Co. v. Great White Spirit Co., 178 Mass. 92, 59 N.E. 673;Id., 181 Mass. 413, 63 N.E. 945;Dolphin v. A. C. Lewis Leather Co., 269 Mass. 132, 137, 139, 168 N.E. 727. The l......
-
Carleton and Hovey Company v. Frank H. Burns.
... ... Levenbaum, 248 Mass. 170 ... Bancroft Trust Co. v ... Canane, 271 Mass. 191 ... Hooker v. Porter, 271 ... equity. Old Colony Trust Co. v. Great White Spirit ... Co. 178 Mass. 92 ... ...