Franklin v. North Weymouth Cooperative Bank

This suit in equity was filed on October 24, 1929. The allegations of the amended bill, so far as material to the grounds of this decision, in substance are these: The plaintiff on February 7, 1927, agreed in writing to purchase of Edith I. Jackson (hereafter called the defendant) land with buildings thereon then in process of construction. On April 4, 1927, the defendant conveyed the property to the plaintiff “subject to a mortgage originally written for $8000 and held by the North Weymouth Cooperative Bank” (hereafter called the bank). The plaintiff paid a substantial price and accepted the…