Shapiro v. Neiditz

The plaintiffs seek to foreclose a mortgage securing a demand note for $16,000 without interest, signed by the defendant on October 7, 1940. The answer denies the indebtedness and, by way of cross-complaint, alleges absence of consideration, that the note and mortgage were executed without expectation that they would be collected or become a part of the estate, and that the deceased had agreed to release the mortgage and return the note for cancellation upon the defendant’s request, but had not done so. The defendant therefore seeks a decree declaring the mortgage and note to be without…