Simonelli v. Fitzgerald

The present action was instituted in 1965. The plaintiffs, husband and wife, as record owners of the property in question, sought, pursuant to General Statutes § 49-13, a declaration that two unpaid mortgages of record were invalid. Section 49-13 reads, in part, as follows: “When the record title to real property is encumbered by any undischarged mortgage, and the mortgagor or those owning his interest therein have been in undisturbed possession of such property for at least seventeen years . . . , the mortgagor or the person . . . owning his interest in such property may bring a petition to…