H.B. BUDDING CO. v. BODDIE


331 Mass. 267 (1954)

118 N.E.2d 743

H.B. BUDDING COMPANY vs. EDWARD L. BODDIE & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 1, 1954.


Attorney(s) appearing for the Case

Benjamin T. Johnson, for the defendant Edward L. Boddie.

Malcolm C. Banks, for the plaintiff, submitted a brief.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & WILLIAMS, JJ.


WILLIAMS, J.

This is a suit in equity to obtain authority to foreclose by entry and sale a mortgage of real estate as required by the soldiers' and sailors' civil relief act of 1940. U.S.C. (1946 ed.) Title 50, Appendix, § 532. See Lynn Institution for Savings v. Taff, 314 Mass. 380. It is alleged in the bill that the plaintiff is the holder, by an assignment to it by the Workingmen's Co-operative Bank dated January 30, 1953, of a mortgage with...

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