Abeloff v. Peacard

FIELD, J. This is a bill in equity brought in the Superior Court by a mortgagee of real estate to restrain the defendant from removing from the dwelling houses on the mortgaged premises certain ranges installed therein by the defendant and to declare invalid a notice of conditional sale of such ranges recorded by the defendant in the Suffolk registry of deeds. The defendant admitted by his answer, among other things, that on the twentieth day of December, 1928, he caused to be recorded in the Suffolk Registry of Deeds * * * a notice of conditional sale in which he claimed title to certain ranges, etc., installed in the buildings located upon the premises. * * * A decree was entered stating that the case came on to be heard after trial on the merits and the filing of a memorandum by the Court, and that it was ordered, adJudged and decreed that the defendant has no title to the ranges, that the notice is not in conformity with law and is void and that the said notice be and the same is hereby ordered cancelled and stricken from the records. * * * The defendant appealed.