152 Me. 39 | Me. | 1956
This was a bill in equity seeking to establish that a deed under which defendant asserted title to real estate was in fact an equitable mortgage. The justice below so found and fixed the terms of redemption. Before us are defendant’s exceptions, first to the refusal of the justice below to make certain requested supplemental findings, and second to the final decree.
“Many times the Court has reiterated the rule that an excepting party, if he would obtain any benefit from his exceptions, must set forth enough in the bill of exceptions to
We gather from the argument of counsel, unassisted by the bill of exceptions, that the real complaint of the defendant is that the justice below found that an equitable mortgage was created but ignored certain allegations in the bill of complaint that the defendant was guilty of fraud at the inception of the transaction. An examination of the original bill suggests that these allegations of fraud may well have been deemed to be mere surplusage and in no way
Exceptions overruled.