WELLFLEET SAVINGS BANK v. SWIFT


340 Mass. 62 (1959)

162 N.E.2d 799

THE WELLFLEET SAVINGS BANK vs. HAROLD I. SWIFT.

Supreme Judicial Court of Massachusetts, Barnstable.

December 10, 1959.


Attorney(s) appearing for the Case

Prince H. Hurd, Jr., for the defendant.

No argument nor brief for the plaintiff.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.


SPALDING, J.

This is a bill in equity (by reason of the soldiers' and sailors' civil relief act) for authority to foreclose a mortgage. The case was submitted on agreed facts, on the basis of which the judge made findings and an order for decree authorizing foreclosure. From a decree in accordance with this order the defendant appealed.

On March 31, 1953, William H. and Eileen R. Knowles obtained a loan from the plaintiff in the amount of $5,300 and gave to...

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