Miller v. Perry

This is an appeal by the defendants Perry from a final decree granting authority under the soldiers’ and sailors’ civil relief act of 1940, U. S. C. (1946 ed.) Title 50, Appendix, § 532, to foreclose by entry and possession and the exercise of the power of sale a mortgage given by the defendant Mary Ruth Perry, the wife of the defendant Charles H. Perry, to the plaintiff on June 29, 1951, to secure the payment of the unpaid balance on his note dated May 31, 1947, given to the plaintiff; fixing the amount due on said mortgage; and dismissing the counterclaims of the Perrys.

The judge made a…