Opinion
(2268)
Argued October 5, 1984
Decision released November 13, 1984
Action to quiet title to certain real property, and for other relief, brought to the Superior Court in the judicial district of Windham, where the defendants filed a counterclaim seeking payment of amounts allegedly owed by the plaintiff's; the matter was referred to Hon. William P. Barber, state referee; judgment for the defendants on the complaint and on the counterclaim, from which the plaintiffs appealed. No error.
Jackson T. King, Jr., for the appellants (plaintiffs).
Leonard B. Berkman, for the appellees (defendants).
The plaintiffs, by their complaint, sought a judgment declaring invalid the mortgage held by the defendants on the real property of the plaintiff's. The defendants, by their counterclaim, sought damages from the plaintiff's for failure to pay amounts due under an agreement. The agreement created the obligation for which the mortgage held by the defendants was security. The trial court issued a factually detailed memorandum of decision and rendered judgment for the defendants on the complaint and on the counterclaim. We have carefully considered the claims of error of the plaintiffs on appeal and find them to be without merit. They amount to an attempt to persuade us to retry the facts found by the trial court, which are amply supported by the evidence and are not clearly erroneous.
This appeal, originally filed in the Supreme Court, was transferred to this court. Public Acts, Spec. Sess., June, 1983, No. 83-29, 2(c).