Cape Cave Corp. v. Skinner

CHARLES T. CARLTON, Circuit Judge.

This cause came on before me for final hearing based upon the pleadings in the case, the pre-trial stipulation, argument of counsel and memoranda of law submitted by counsel.

Findings of fact

This litigation commenced with the filing of a complaint in which Cape Cave Corporation sought to foreclose a purchase money mortgage which had been executed by Truman A. Skinner, as trustee, and his wife, at the time of purchase.

Mr. Skinner answered the complaint and affirmatively alleged that Cape Cave was not entitled to a judgment of foreclosure because of its prior…