Virkshus v. Virkshus

The action was brought to foreclose two mortgages, a first of $3,000 and a second of $10,000, and the allegations of the complaint are sufficient to show right of foreclosure by the plaintiff. Judgment of foreclosure was entered on motion of the plaintiff for a summary judgment. The de fendants appeal on the ground that the pleadings and affidavits in support of and in opposition to the motion disclose triable issues of fact.

There are two motions for a summary judgment, the first dated December 7, 1945, based on the original complaint and the answer thereto and an affidavit in support of the…