Gardiner v. Rogers

This is a suit in equity to restrain the defendant from foreclosing a mortgage upon certain real estate. The plaintiff claims title under two sheriff’s deeds purporting to convey the property to her as purchaser at an execution sale. The case was submitted to a judge of the Superior Court on an agreed statement of facts, wherein it is agreed that the mortgage held by the defendant was given to him for a valuable consideration on December 10, 1919, by Sylvia H. Ramsdell, who at that time was the owner of the property. The mortgage was not recorded until April 27, 1925. On November 22,1921,…