Thompson v. Huron Lumber Co.

The opinion of the court was delivered by

Stiles, J. —

Appellant’s right to sue cannot be questioned, as he was the trustee named in the mortgage, and was the proper party to institute a foreclosure, whether he held the legal title to any of the notes or not.

The court below found the mortgage, which covered both real and personal property, to be void as against the creditors of the Huron Lumber Company, because after the execution of the mortgage, which was made to secure preexisting debts, the company, by agreement with the appellant, or rather his cestui que trust, the Boston National Bank,…