Zimmer v. Fryer

O’NIELL, Chief Justice.

This is a suit. to annul a cancellation of a mortgage on the ground that the cancellation was procured by fraud. The plaintiffs are the holders of the mortgage notes, being three notes for $1,000 each. The defendants are Newstar A. Fryer, who is the mortgagor and maker of the notes, and Vinc.enzo Caruso, who (bought the mortgaged lot from Fryer at the time of the fraudulent release and cancellation of the mortgage. Fryer did not defend the suit. Caruso pleaded, first, that, at the time when he bought the lot from Fryer, the mortgage was cancelled by the recorder of…