Chartrand Et Al. v. Newton Trust Co‪.‬

PIERCE, Justice. This is a bill in equity to set aside a mortgage foreclosure of certain real estate in Newton, Massachusetts, on the ground that the sale was improperly conducted. It is before this court on the plaintiffs' appeal from a final decree of the Superior Court dismissing the bill with costs, pursuant to findings, rulings and order of the trial Judge. The testimony warranted the finding of the following facts: The plaintiffs are executors of the will of Michel A. Chartrand, who died on December 4, 1934. The defendant is a Massachusetts banking corporation having its place of business in the city of Newton. On October 14, 1924, said Chartrand executed a mortgage to the defendant in the sum of $10,000, upon certain real estate, in the city of Newton, consisting of approximately thirty-seven thousand square feet of land, upon which is a brick and stucco residence of fourteen rooms.