Worcester North Savings Institution v. Farwell

In this bill in equity, as amended, the plaintiff seeks to have a mortgage, held by it on certain real estate, given priority over a mortgage held by the defendant Joseph Scarano on the same property which is now a first mortgage as a matter of record, but which, the plaintiff alleges, it was the intention of the parties should be subject to the mortgage held by the plaintiff.

The case is before this court upon an appeal with a report of material facts made by a judge of the Superior Court, in substance, as follows: On June 20, 1924, the defendant Holland A. Harwell bought out the interest of…