A-Z Servicenter, Inc. v. Segall

This is an appeal by the defendant mortgagee from a final decree determining the amount due upon a mortgage, ordering its discharge and cancellation upon the payment of said amount, and dismissing the defendant’s counterclaim. We have a transcript of the evidence and a report of the material facts. We examine the evidence, finding facts ourselves, but do not reverse the findings made by the judge unless they are plainly wrong.

Three young men for a year or two prior to April 10, 1952, had been conducting a gasoline filling station upon premises owned by the defendant which they occupied under…