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action agreement alleged amount annotation answer appeared application authority bank bond cause claim condition connection consideration considered constitute contract corporation court death decisions decree deed default defendant denied determine effect entitled evidence executed existence fact false filed fund gift give given granted ground held holder holding husband income inspection intention interest involved issue judg judgment jurisdiction land limitations Mass matter means ment meritorious defense Misc mortgage NE2d obtained owner paid parties payment person petition plaintiff pointed present principal prior proceedings provisions purchase question reason records relating relief respect restrictive rule secured statute stockholder sufficient suit supra SW2d tion transfer trial trust United vacate valid wife