PERRY v. MILLER


330 Mass. 261 (1953)

112 N.E.2d 805

MARY RUTH PERRY vs. HAROLD C. MILLER.

Supreme Judicial Court of Massachusetts, Middlesex.

May 29, 1953.


Attorney(s) appearing for the Case

Alton F. Lyon, (James H. Kenney with him,) for the defendant.

John G. Brackett, for the plaintiff.

Present: QUA, C.J., LUMMUS, WILKINS, WILLIAMS, & COUNIHAN, JJ.


WILLIAMS, J.

This is a suit in equity to enjoin the foreclosure of a real estate mortgage. The defendant appealed from a final decree wherein the mortgage in question was declared to be "null and void," the defendant was enjoined from foreclosing it, and further was ordered to execute and to deliver a discharge of it to the plaintiff. There were findings of fact by the judge and designations of evidence by the parties. See Rule 2 (B) of the Rules for the Regulation...

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