Boretz v. Segar

Under their amended complaint the plaintiffs asked the foreclosure of a purchase money mortgage on a farm. By his cross-complaint the defendant, among other claims for relief, asked that a deed of the property given subsequent to the mortgage, by the plaintiff Sadie to her husband the plaintiff Jacob, be set aside. The defendant’s fundamental claim before us is that no decree of foreclosure should have been granted, since the plaintiff Sadie, instead of recording her deed to him of the property mortgaged as agreed, fraudulently refused to do this and gave a deed of it to the plaintiff Jacob,…