SMITH v. MCKENZIE

No. 78-243.

119 N.H. 296 (1979)

WILLIAM F. SMITH v. ALEXANDER J. MCKENZIE, III

Supreme Court of New Hampshire.

May 9, 1979.


Attorney(s) appearing for the Case

William P. Shea, of Sanbornville (Edward J. Mertens, II orally), for the plaintiff.

Cooper, Hall & Walker, of Rochester (Donald F. Whittum orally), for the defendant.


BROCK, J.

This is a petition to quiet title in which the plaintiff challenges the validity of a second mortgage on real property in Wolfeboro. The Trial Court (Cann, J.) found for the defendant mortgagee, and reserved and transferred the plaintiff's exceptions. We overrule the exceptions.

Prior to September 1973, the property in question was owned by the Albee Trust. A first mortgage, which is not at issue here, was held by the Rochester Savings Bank...

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