Boudreau v. Holzer

In this civil action the plaintiff asks that her warranty deed conveying to the defendants a fee simple interest in a parcel of real estate be declared a mortgage. The case was tried to a justice of the Superior Court sitting without a jury, and, after he found for the plaintiff, the defendants appealed.

Following arguments in this case and preparatory to rendering our decision, we examined the record and then for the first time learned that no judgment had been entered, and that defendants had taken their appeal from the trial justice’s decision rather than from a written order or judgment as…