Gaddes v. Pawtucket Institution for Savings

This cause is a suit in equity to restrain the foreclosure by the defendant of a mortgage of real estate situated in Providence, which was given to the defendant by the complainant’s father. It was heard in the Superior Court upon bill, answer, replication and oral testimony, and a final decree was entered in accordance with a rescript of Tanner, P. J., dismissing the bill of complaint.

The cause is now before this court upon the complainant’s appeal from this decree.

The vital questions at issue are:(1) Whether the mortgagor, who is now dead, had more than a life estate in the property…