Denno v. Standard Acceptance Corp.

The defendant appeals from a decree of the Superior Court restraining it from proceeding to replevy an automobile, and declaring a duly recorded mortgage thereon to be null, void and of no effect against the plaintiff or his assigns. The case was referred to a master. The evidence is not reported. No exceptions to the report were filed. The report has been confirmed. The findings of fact must be taken as true, unless inconsistent or repugnant to one another. Tripp v. National Shawmut Bank of Boston, 263 Mass. 505, 511. Material findings follow. In April, 1930, the defendant undertook to…