MILLER v. PERRY


333 Mass. 155 (1955)

129 N.E.2d 143

HAROLD C. MILLER vs. MARY RUTH PERRY & others.

Supreme Judicial Court of Massachusetts, Plymouth.

September 29, 1955.


Attorney(s) appearing for the Case

John G. Brackett, for the defendants.

Alton F. Lyon, for the plaintiff.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.


RONAN, J.

This is an appeal by the defendants Perry from a final decree granting authority under the soldiers' and sailors' civil relief act of 1940, U.S.C. (1946 ed.) Title 50, Appendix, § 532, to foreclose by entry and possession and the exercise of the power of sale a mortgage given by the defendant Mary Ruth Perry, the wife of the defendant Charles H. Perry, to the plaintiff on June 29, 1951, to secure the payment of the unpaid balance on his note dated May...

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