Einar Glaser and Dorothy Glaser v. Marguerite L. Connell and William F. White and Janet D. White

This appeal involves a suit to foreclose a real property mortgage dated July 12, 1950, but in fact signed and delivered sometime in the summer of 1951 and recorded August 14, 1951.

Marguerite L. Connell is the owner of the real property upon which the mortgage was given. A promissory note to the order of Holdorf Oyster Corporation for $16,000.00, due five years from date with interest at six per centum per annum, was signed by her, and as security therefor she signed and acknowledged a mortgage upon the real property, which was then redeeded to her by Holdorf Oyster Corporation. Mrs. Connell had previously deeded this property to Holdorf Oyster Corporation. The property was reconveyed to her with the understanding that it be sold for her by E. R. Errion for $36,000.00. Errion was to receive $16,000.00 for his services, for which Mrs. Connell executed the note and mortgage. The pretrial order contains the agreement of the parties that “the execution of each and both of said promissory note and mortgage by defendant Marguerite L. Connell was induced and procured by fraud practiced upon her by the acts of Holdorf Oyster Corporation, the original payee and mortgagee, Dwight Holdorf,…