Bay v. Bay

The mortgage involved in this ease is not of the common garden variety, but is of a very unusual nature. The mortgage was given on November 23, 1957, by the defendant Curtis M. Bay to the plaintiffs Maurice R. Bay, the brother of the defendant, apd George Arnold and Loraine *616PoIIok, the children of a deceased sister of the defendant. The mortgage was given as part of a family settlement. It appears that in 1957, the defendant’s father, John M. Bay, decided to distribute his property during his lifetime. [He died in the Fall of 1959 during the pendency of this appeal.] On November 23, 1957 he…