Adams v. Whitehead

GARDNER, Justice.

Complainant seeks, first, the cancellation of the mortgage upon the theory of its payment, and, second, if mistaken in this respect, that he be permitted to exercise his equity of redemption, and offers to pay whatever sum may be found due by the court. The learned chancellor, considering the first alternative, evidently reached the conclusion complainant had not shown payment, accepted defendant’s theory of the case, and dismissed the bill.

We have read the evidence with much care and noted the irreconcilable conflicts therein. And upon due consideration the conclusion on the…