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BRADY v. MULLEN

No. 93-806.

139 N.H. 67 (1994)

THOMAS BRADY, TRUSTEE OF D.T.B., 172 GLENWOOD AVENUE, MANCHESTER, N.H. REAL ESTATE TRUST v. WILLIAM G., JR., AND PEGGY K. MULLEN

Supreme Court of New Hampshire.

October 21, 1994.

Attorney(s) appearing for the Case

McDowell and Mekeel, P.A., of Manchester (Joseph F. McDowell III and Mark D. Morrissette on the brief, and Mr. Morrissette orally), for the plaintiff.

Orr & Reno, P.A., of Concord (R. James Steiner on the brief and orally), for the defendants.

THAYER, J.

The plaintiff, Thomas Brady, as trustee of D.T.B., 172 Glenwood Avenue, Manchester, N.H. Real Estate Trust, appeals the Superior Court's (Sullivan, J.) order denying his petition in equity for declaratory relief, a petition upon which the Superior Court (Groff, J.) had previously issued a decree pro confesso. We affirm.

On September 14, 1984, David T. Brady recorded a $40,000 attachment...

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