Lowe v. Garriga

O’NIELL, Chief Justice.

This is an actio'n to have an act of mortgage declared null, as a mere simulation, or, in the alternative, to have the mortgage annulled on the ground that it gave an unfair preference to the mortgagee over other creditors of the mortgagor.

The mortgage was given by A. Garriga to Edwin S. Toadvin on the 7th day of December, 1931, to secure the payment of a promissory note for $4,000 given by Garriga to Toadvin on that day and made payable on the 1st day of November, 1932. The property mortgaged was a farm, having an area of 302 acres, and a Ford truck, a Ford sedan, 6…