Bainbridge v. Bainbridge

The essential facts on this appeal may be summarized as follows. On April 1, 1908, Matthew Bainbridge owned a 436-acre farm, upon which he gave a mortgage to M. J. Cleary to secure his note for $12,000, payable in ten years at five and one-half per cent interest per annum. (That mortgage will hereinafter be called the “Cleary mortgage.”) On April 2, 1908, Matthew Bainbridge conveyed the farm to his ten children (Joseph Bainbridge, Wilfred Bainbridge, J. Henry Bainbridge, Thomas S. Bainbridge, Archibald Bain-bridge, Loretta Bainbridge, Anna Bainbridge, Bessie Bain-bridge, Margaret E. Johns,…