Massachusetts Appeals Court October 6, 1978 (Financial Acceptance Corp. v. Garvey)

Brown, J.

This action was brought by the holder of a mortgage seeking a declaration that a prior mortgage on the same property is null and void and an injunction against foreclosure by the assignee of that prior mortgage. The case was tried before a master. A Probate Court judge entered a judgment favorable to the defendant on the master’s report. The plaintiff appeals.