134 Mass. 259
Massachusetts Supreme Judicial Court
Decided February 5, 1883
Massachusetts Supreme Judicial Court · decided 1883-02-05
Action on the St. of 1879, e. 237, to recover possession of a parcel of land in New Bedford.
Relies on Harris v. Carmody · Warren v. James
Good law ✅— No negative treatment on recordhow we know
Decided 1883-02-05
Cited by 6 later decisions — most recently September 1941
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The ruling was right. The purpose of the St. of 1879, e. 237, was to furnish to the person who has a valid title to the estate a speedy method of obtaining possession of it, immediately upon the foreclosure of the mortgage by a sale under the power. That person is the purchaser at the sale. Warren v. James, 130 Mass. 540. Harris v. Carmody, 131 Mass. 51.
¶2Exceptions overruled.