First National Bank & Trust Co. v. Levy

The plaintiff has demurred (1) to the defendant Hartenberg’s special defense insofar as it purports to state a defense and claimed invalidity as to Hartenberg by reason of the alleged inaccuracy of the statement of the debt in the mortgage deed and (2) to the first count of said defendant’s cross complaint, as against the plaintiff, seeking a declaratory judgment based on a similar reason.

The question presented is whether the plaintiff’s mortgage is invalid as against the subsequent mortgage of the defendant Hartenberg, because plaintiff’s deed did not include the provisions of a written…