Henion v. Monahan

The opinion of the court was delivered by

Bodine, J.

The complainant filed a bill for the cancellation of a bond and mortgage encumbering his home. The defendant, the mortgagee, by independent suit sought foreclosure. The two actions were heard together. The court of chancery ordered the cancellation of the bond and mortgage, and dismissed the foreclosure bill. Such action, we think, was proper.

The complainant, a man untutored in the ways of business, had years before transacted some business involving properties other than the one in suit, with one Felix D’Aloise, a real estate agent, and…