Tarascio v. Mancuso

This is an action brought to declare a mortgage null, and void. Defendant by cross-petition prays for the foreclosure of the mortgage. The trial court held that the mortgage was null and void' canceled it of record, and gave plaintiffs a judgment of recovery for all payments made within the period of the statute of limitations.

Defendant on appeal assigns many errors, but by argument confines the question to that of whether or not the note and mortgage are enforceable obligations. We determine that question.

September 24, 1927, the defendant entered into a contract to sell to Andrea and Gaetana…