Rosenberg v. Cohen

On exceptions. Real action. Case heard before single justice on agreed statement of facts. Verdict judgment for plaintiffs.

Defendant was in possession of demanded premises, holding record title thereto, subject to a mortgage given by a predecessor in title to “Rosenberg Bro’s,” the identity of the mortgagees so named and the plaintiffs being admitted. Prior to bringing this action, plaintiffs assigned their mortgage to a bank, as collateral security for a loan. That assignment still stands of record and the loan remains unpaid. Plaintiffs regularly and properly foreclosed mortgage by…