Slater v. Gittleman

These two suits were consolidated at the final hearing. The first is by a judgment creditor and seeks to set aside a mortgage as in fraud of creditors. The second, to forclose that mortgage. Answers filed by the mortgagors set up the defense that the mortgage was obtained by duress, but deny that it was given with intent to defraud. If the mortgage is void for any reason a decree to that effect would inure to the benefit of the judgment creditor. At the conclusion of the final hearing I announced that the allegations of fraud and conspiracy in the making of the mortgage had not been…