Weinberg v. Brother

This is a bill to reach and apply a mortgage note secured by a mortgage on real estate, standing upon the records in the name of the defendant David Brother, in payment of a judgment debt which he owes the plaintiff. The judge who heard the case made these findings: “On December 17, 1925, the defendant DiPietro gave a promissory note in the sum of $1,900 to the order of David Brother, and as security therefor a mortgage to said Brother .... This mortgage was duly recorded and never discharged of record. David Brother paid no consideration for the note or mortgage. Celia and Abraham Brother…