George F. Perry Son v. Mand

Complainant seeks to foreclose a mortgage which he holds by assignment for a pre-existing debt from the mortgagee who had, previous to the execution of the mortgage, agreed in writing to assign it to the defendant Sokol for a then present valuable consideration. The defendant Mand, the mortgagor, defends on the ground that the complainant is not the owner of the mortgage, and has impleaded the defendant Sokol, who also claims the interest. The agreement to assign is dated July 20th, 1928, and was recorded July 26th, 1928. The bond and mortgage are dated November 16th, 1928, and the assignment…