STEWART v. BASS RIVER SAVINGS BANK


3 Mass. App. Ct. 574 (1975)

336 N.E.2d 921

MARSHALL J. STEWART vs. BASS RIVER SAVINGS BANK.

Appeals Court of Massachusetts, Barnstable.

November 18, 1975.


Attorney(s) appearing for the Case

Bernard A. Dwork for the plaintiff.

Marvin N. Geller (M. Frederick Pritzer with him) for the defendant.

Present: HALE, C.J., KEVILLE, & GRANT, JJ.


HALE, C.J.

This is a bill in equity by which the plaintiff seeks to set aside a foreclosure sale and to have certain real property purchased by the defendant at that sale reconveyed to him. The defendant (the bank) counterclaimed for a deficiency from the sale. After trial the Superior Court entered a final decree denying the plaintiff's claims and fixing his indebtedness to the bank. The plaintiff appealed from that decree and, following oral argument, we remanded...

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