Tamburello v. Monahan

This suit in equity comes to us upon the appeal of the plaintiff from a final decree dismissing the bill. The evidence is reported.

Whether the bill is treated as one for declaratory relief under G. L. (Ter. Ed.) c. 231A, inserted by St. 1945, c. 582, § 1, or as one for the removal of a cloud on title under general equity jurisdiction, the point at issue is the validity *446of a salé on November 25, 1935, by the defendant Williams-town Savings Bank of a house and lot in Williamstown for the purpose of foreclosing a mortgage thereon originally given by the defendant Monahan to the bank on September…