George F. Perry & Sons, Inc. v. Mand

The opinion of the court was delivered by

Bodine, J.

The complainant filed a bill to foreclose a mortgage covering lands and premises owned by the defendant Max Mand. The mortgage was dated November 16th, 1928, and was assigned to the complainant on April 12th, 1929.

The validity of the mortgage is not questioned. The mortgagor alleged, however, that on July 20th, 1928, before the mortgage was executed and before it was assigned to the complainant, the same had been equitably assigned to Michael Sokol, who claimed to own the same and demanded payment of interest due thereon. The defendant prayed…