Donahue v. Babbitt

DARNELL, Superior Judge

— This is an action by plaintiff and appellant, J. J. Donahue, against David Babbitt, Philomena Babbitt, as administratrix of the estate of Gfeorge Babbitt, deceased, C. J. Babbitt, William Babbitt and Charles Prochnow, to have a deed and bill of sale declared mortgages, and for an accounting and redemption.

The parties to the action entered into a written stipulation, whereby it was agreed that the pleas in bar raised by defendants might be tried by the court without a jury; that all other questions preliminary to the question as to whether or not there should be an…