New Britain herald., 1930-01-09

Mcabe, ct al, thence running south westerly along the north line of land Of Minnie Hagearty 162 feet more or
 less, to the east line of Main street
 10 place of beginning. Bounded Northerly by triangular piece oi land. the title to which is in dispute
 (see Vol. 135. page 220): easterly by land of John J. McCabe, ct al. southcrly by land of Minnie flag. carty and westerly by Main street Together with the right to pass and repaSs in common with others over and along q passway running south ly from the land above described to Winter street, which passway is bounded and described as follows: Beginning at an iron pin in the north line Of Winter street 90 feet east of the intersection of the north line of Winter street with the east line of Main street measured along the north line of Winter street: thence running rortherly along the cast line of land of Pauline Micha- lowShi, land of Prank Nair, Inc, and land of Minnie Hagearty. part ly by each about Al feet to the south line of land above described thence running casterly along the
 south line of land above described
 s fee1thcncc southerly along the
 west line of other land of Minnie Hagearty and land Of Parker Buckley
 Baking company partly by each,
 l HAS feet to the north line of Win
 ter street; thence westerly along the north line of Winter street l5.4 feet
 to place of beginning.
 Together with the right 10 have ; the strip of land between land above described and the present Raphael Block, maintained free from any building more than one story high Said mortgage to the plaintiff is
 q second mortgage subject to a prior mortgage of s9O.00O to the
 Savings Bank of New Britain. The value of said moItgage real estate is greatly in excess of the aggre gate amount of said first and second
 mortgages.
 4. The plaintiff, Commercial Trust Company, has not in good faith attempted to enforce payment of said mortgage note from the Young Mems Total Abstinence and Benevol- ent Society. has not commenced any foreclosure action for the fore
 closure of said mortgage, and has not brought any other action against the Young Mems Total Abstinence and Benevolent Society.
 5. The defendant, D. w. O'Con- nell was one of five individuals whc executed the guaranty referred to
 in said Exhibit A. the other four in dividuals being Frank l.. Conlon, Angelo Tomasso, John T.. Curtin and Patrick W. Smith. all of the Town of New Britain. County of Hartford and State of Connecticut
 In the event that defendant. D. w. O'Connell should be compelled to pay said note he would be entitled 10 contribution from said Conlon, | Tomasso, Curtin and Smith.
 6. The plaintiff. Commercial Trust Company. although it has taken nc steps to appropriate said mortgaged property to the payment of said note, has not offered to assign said ! mortgage 10 defendant. D. w. 1 OConnell and has not offered tc hold said mortgage security for the benefit of said D. w. O'Conncll ir the event that said D. w. O'Connel should be compelled to pay said note although in the event of said ! D. w. O'Connelrs being compelled
 to pay said note he would be en-
 titled to be subrogated to the rights of the plaintiff in said mortgage. '. The rights and obligations ot
 the various parties in interest car be best determined and enforced in
 q single action.
 The defendant. D. w. O'Conncll
 prays, by way of equitable relief: 1. That the Young Mems Total Abstinence and Benevolent Society
 corporation located in said Town Ut Ne" lpi lldlll, anu NtiiI hIih iS' Conlon, Angelo Tomasso. John F.
 Curtin and Patrick W. smith be summoned in to answer this cross complaint;
 ?. A foreclosure of said mort
 gage;
 8. A foreclosure by sale;
 4. That all rights of defendant, D. w. O'Connell to subrogation be
 protected and enforced against the
 plaintiff and against said mortgage security:
 5. That all rights of defendant, D. w. O'Connell to contribution and reimbursement in the event of said O'Connell being compelled to pay said note in whole or in part be protected and enforced as against said Young Mems Total Abstinence and Benevolent Society, Frank l.. Conlon, Angelo Tomasso, John F. Curtin, Patrick w. Smith, and each of them;
 6. Such other and appropriate relief as to equity may appertain.
 Defendant D. w. O'Connell,
 By George W. Brady,