Carrara v. Carrara

The question presented is whether the plaintiff, suing to foreclose a mortgage, makes out a prima facie case by proof of the execution and delivery of the mortgage by the defendant, without evidence of consideration save as may be contained in the recitals of the mortgage.

The plaintiff is the widow and executrix of the last will and testament of Charles Carrara, deceased. The defendant is the son of the decedent. At the trial, the plaintiff established that an attorney representing the defendant had prepared the mortgage executed by the defendant, and that no bond had ever been prepared; that…