Schmaling v. Greenwich Title Co.

After a demurrer to the original complaint had been sustained (O’Sullivan, J.) on the basis, as appears by the memorandum of decision, of the allegations of paragraph 6 of the original complaint, the plaintiffs amended by striking out that entire paragraph.

The defendant again interposed a demurrer and the matter came on for hearing at the closing short calendar on June 28, 1946.

The gist of the complaint is that in May of 1942 the plaintiffs were the owners of the equity of redemption, and in possession, of certain premises in Greenwich; that the present defendant, as assignee, held a mortgage…