122 Mass. 122 | Mass. | 1877
The mortgage in this case provides, that, after the expiration of sixty days from the breach of any of the conditions named therein, the mortgagee or those claiming under l:im may sell the premises at public auction “ without further notice or demand, except giving notice” by advertisement for
There appears to have been a literal compliance with the terms of the power, and the sale took place as advertised. This is sufficient to foreclose the mortgage, unless we can find, from a full disclosure of all the facts underlying the formal proceedings, that the defendant has not acted in good faith, or has failed in some respect to properly protect the interests of the plaintiff. But no act of the defendant is shown indicating that she did not proceed in good faith, supposing that she had done all required by the terms of the "power; and no dealings or negotiations on her part with the plaintiff appear by which he could have been misled, or by reason of which he was entitled to further notice. Indeed, the defendant did more than was required by the terms of the power in giving notice, for she sent to the plaintiff by mail, before the sale, a copy of the paper containing the advertisement. Whether he received it or not is immaterial; the act shows good faith on her part.
On the other hand, it appears that the plaintiff knew in February, 1876, that the interest on the mortgage given by him was in arrear, and was informed that it must be paid, and was asked where Newton was, who then owned the equity of redemption. No formal demand was node upon him. He did not offer to
Nor is there any reason for opening the sale, because the premises were sold at the auction for less than their value. Taken in connection with other facts, tending to show bad faith or that the mortgagor had been misled by some act or word of the mortgagee, such a fact may have some significance ; but mere inadequacy of price is not sufficient to invalidate the sale.
As this view is decisive of the case, we have not considered any of the other questions stated in the report and argued at the bar. Bill dismissed.