Foristiere v. Alonge

THE COURT.

The defendant Paolo Alongé appeals from an adverse judgment in an action to quiet title, the real purpose of which was to cancel a mortgage standing of record against the property in defendant’s name, and which the plaintiff Foristiere claimed was barred by the statute of limitations at the time he acquired the property.

It appears that plaintiff’s predecessors in interest, Santo Catania and wife, during their ownership of the property, encumbered the same with two mortgages, the first of which was given to the Bank of Italy. The second ’ was given to the defendant Alongé to secure…