Tapert v. Lehmann

Robert T. Tapert, plaintiff, the assignee of a real estate mortgage, seeks foreclosure against Fred A. Lehmann and wife, defendants. The description of the mortgage, together with a statement of the circumstances leading up to and resulting in its execution are set forth in Lame v. Wood, ante, 266. Both cases were heard together, and in the opinion the trial judge decided both cases and decreed foreclosure in the instant one. Defendants claim that plaintiff’s assignor was guilty of fraud and that the mortgage should be set aside.

The record leaves no doubt that plaintiff is a bona fide…