Bobrowski v. Reliance Cooperative Bank

This is an action for money had and received. The facts are not in dispute. One Charles H. Cummings (Cummings) acquired title to a parcel of land on Putnam Avenue, Cambridge, by quitclaim deed dated Oct. 23, 1964 from Joseph P. and Mildred L. Censullo, to which documentary stamps were affixed. The deed contained a recital that the conveyance was made “subject to the existing mortgage on said real estate, held by (defendant)”. On December 23, 1964 the Universal Realty Company made a general attachment of “all the right, title and interest” of Cummings in real estate located in the South…