Gault v. Bacon

This is an action to foreclose a mortgage on property located in the town of Weston. The mortgage was executed August 31,1931. In the proceedings, foreclosure by sale was ordered. The issue which is presented has to do with the right of an incumbrancer to be heard on the question of the priority of its lien.

The trial court made no finding because the appellant, the defendant Aluminum Company of America, hereinafter called the company, after first obtaining an extension of time to file its draft finding withdrew so much of the appeal as made a finding necessary. It appears that a finding is…