Boley v. Whipple

CÓRYN, J.

This appeal was perfected by. defendants, Walter Whipple and his wife Florence, from a decree of foreclosure against premises described in a mortgage which they admittedly executed and delivered to secure their promissory note of the same date. Plaintiffs are either designated mortgagees or assignees of designated mortgagees, and they are owners of the foregoing note. For the purpose of adjudicating priorities, other parties, not involved in this appeal, were joined in the trial court proceeding.

In answer to the complaint for foreclosure, the Whipples pleaded an affirmative defense…