Lesser v. Lesser

This is an action, brought in 1945 by the widow of Joseph Lesser as the record owner of the property in question, to declare a mortgage of record invalid under General Statutes, § 5038, and, in a second count, a gift and not an enforceable obligation, and for “such other and further relief as' to equity and law may pertain.” The defendant sought foreclosure of the mortgage by cross-compláint. The plaintiff answered that the right to foreclose had been lost by laches. The finding may be summarized as follows: Sarah Lesser became a widow in 1919 and never remarried. She had sev eral children,…