Armstrong v. Armstrong

This is a civil action wherein the plaintiff, alleging mutual mistake of fact, seeks to enjoin the defendant from foreclosing a mortgage on his property and in addition to cancel or reform that mortgage and accompanying instruments. In the Superior Court the defendant moved for summary judgment on the ground that the same issues presented in this case had previously been litigated in the Family Court by the -same parties, and when that motion was granted, the plaintiff appealed.

A description of the somewhat tortuous path of the litigation that culminated in the summary judgment entered in…