Stevens v. Flanders

Graham, Supr. J.

This is a petition to foreclose a mortgage. The defendants have filed a joint answer and cross-bill. The cross-bill seeks cancellation of the mortgage, and the note secured thereby, and the repayment of purchase money, on the grounds of mutual mistake of fact and a material alteration of the mortgage by the plaintiff after its execution and delivery, and a like alteration of a contemporaneous deed of the same premises to the defendants by the plaintiff, as administrator of the estate of Eugene C. Badger. Decree was for defendants. The plaintiff appealed.

The plaintiff was…