GLEASON v. DORNEY


332 Mass. 646 (1955)

127 N.E.2d 184

MARJORY H. GLEASON vs. ANASTASIA M. DORNEY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 6, 1955.


Attorney(s) appearing for the Case

Joseph P. Sullivan, for the petitioner.

John Kimball, Jr., for the respondents.

Present: QUA, C.J., WILKINS, SPALDING, & COUNIHAN, JJ.


SPALDING, J.

This is a petition for the satisfaction of an alleged lien out of the proceeds of a partition sale of a parcel of real estate.

A report of material facts by the judge includes the following. On August 11, 1945, the late Thomas A. Kenney executed a mortgage to the Mount Washington Co-operative Bank, hereinafter called the bank, to secure the payment of $2,500. The property covered by the mortgage, which was duly recorded, was a parcel of real estate...

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