Donahue v. Ridge Homes

DUFFY, Justice.

In this action of scire facias sur mortgage, the Superior Court denied the motion of George E. Donahue and Carol A. Donahue (defendants) for leave to file an amended affidavit of defense and granted the motion of Ridge Homes (plaintiff) for summary judgment.

I

The facts are these:

Defendants executed a mortgage to plaintiff to secure the financing of a prefabricated house which they bought from plaintiff. When defendants did not pay certain of the monthly installments due on the mortgage, plaintiff began this foreclosure suit. In their answer, defendants admitted non-payment and…