Orlovsky v. Atkinson

Lewis, J.,

This matter comes before the court on a rule to strike off a decree of satisfaction of a mortgage.

Joseph L. Atkinson, Joseph EL Chubb and William Powell were executors and trustees under the will of Jonathan Powell, deceased. On January 31, 1911, Isador Orlovsky executed and delivered to the executors and trustees a certain mortgage, which was duly recorded. Orlovsky testifies that he paid off this mortgage in instalments, the final payment taking place in 1916, at which time Chubb and Powell were dead. All payments, including the final one, were made to Joseph L. Atkinson in the…