O'Connell v. Everett

This is an appeal by the defendant from a final decree in favor of the plaintiff in a suit to set aside a mortgage and for other relief. The bill was filed September 1, 1926. The plaintiff alleged that he had no recollection of executing the mortgage or note, denied re*603ceiving any consideration therefor and also denied any indebtedness to the defendant.

John O’Connell, father of the plaintiff, when he died in 1898, was the owner of four parcels of land in Canton which by his will he devised to the plaintiff upon condition that the latter would pay and assume all the testator’s indebtedness…