Bailey v. Way

This is an appeal by the defendants from a final decree directing the cancellation of a second mortgage on certain real, estate, in Waltham, hereinafter called the Malaguti mortgage. This mortgage was for $15,040 and was executed February 9, 1921, by the Columbia Counter Company to Benilde B. Malaguti, wife of the president of the company. It was recorded February 21, 1921. On March 5, 1924, Mrs. Malaguti assigned the Malaguti mortgage to her husband’s attorney, the defendant William T. Way. When the bill in this suit was filed, the plaintiff was the mortgagee of the property under a mortgage…