[Download] "Ciborowski v. Kosciak Et Al." by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free

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eBook details

• Title: Ciborowski v. Kosciak Et Al.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 28, 1942
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

COX, Justice. The plaintiff's bill alleges, in substance, that the deed of a parcel of real estate in Worcester was taken in the names of the parties as tenants in common, with the agreement that the conveyance to the defendant, although absolute in form, was as collateral security and was intended by the parties as an equitable mortgage; that the deed was security for the promise of the plaintiff to pay a note of the defendant for $1,500, and also to pay him $1,500; that the plaintiff paid the note, paid the defendant $1,000 and tendered him the further sum of $500 which he had refused to accept. There was a prayer that the defendant be required to execute and deliver a deed of his interest in the real estate to the plaintiff. The defendant set up in his answer counterclaims against the plaintiff, the plaintiff's wife and a corporation. (Rule 32 of the Superior Court [1932].) The new parties answered to the counterclaims, but before they had done so, the suit was referred to a master. The allegations in the counterclaims will be dealt with later.

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