A website from the Massachusetts Historical Society; founded 1791.
close
-
The Adams Papers Digital Edition is undergoing active maintenance while we work on improvements to the system. You may experience slow performance or the inability to access content. We apologize for any inconvenience this may cause. We will endeavor to return to full capabilities as soon as possible.

Browsing: Legal Papers of John Adams, Volume 1


This note contained in document ADMS-05-01-02-0006-0001-0001
5. For the present Massachusetts provisions, which carry forward without substantial change much of the Act of 1698, see Mass. G.L., c. 244, §§1–10, 18–36. Foreclosure may also be had by sale when the mortgage contains a power of sale. Id. at §§11–17C. The Massachusetts courts now have broad equitable powers, but the essentially equitable remedy given at law by these statutes is deemed adequate, except in unusual cases. See 1 Glenn, Mortgages 435. For the English practice of opening up a foreclosure for redemption, see id. at 403–405.
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2014.
http://www.masshist.org/apde2/