CARLSON v. LAWRENCE H. OPPENHEIM CO.


334 Mass. 462 (1956)

136 N.E.2d 205

CLARENCE W. CARLSON & another vs. LAWRENCE H. OPPENHEIM CO.

Supreme Judicial Court of Massachusetts, Suffolk.

July 23, 1956.


Attorney(s) appearing for the Case

Sydney Berkman, (Joseph Kruger with him,) for the defendant.

Mario Misci, for the plaintiffs, submitted a brief.

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


WILLIAMS, J.

This is a bill by two mortgagors for an accounting of the amount due under a mortgage to the defendant, the establishment of their right to redeem, and an injunction against a threatened foreclosure sale. A preliminary injunction was issued on September 1, 1955, enjoining the sale "pending final determination of this suit." A judge of the Superior Court found the material facts to be as follows. On or about November 19, 1951, the plaintiffs, who are husband...

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