Burroughs v. Garner

This appeal involves the interpretation of several release of lien provisions contained in a “deferred purchase money” second deed of trust. We are asked to determine whether the trial court (David Gray Ross, J.) correctly ruled, in an equity proceeding in which a real estate foreclosure and an action to enjoin it were consolidated, that the appellees-mortgagors 1 were entitled to the release of 29.8 acres out of a 147.8 acre tract pursuant to the terms of the second deed of trust.

I

In September 1971, the Brandywine Farms Joint Venture consisting of 11 members was formed pursuant to a written…