Reilly v. City Deposit Bank & Trust Co.

Opinion by

Parker, J.,

The plaintiff has a final decree in equity by a court of common pleas directing the defendant to release certain land of the plaintiff from the lien of a mortgage and the defendant has appealed. We are called upon to construe a partial release clause in the mortgage.

The facts essential to a determination of the issue are all contained in the findings of fact by the court below and these findings are not in dispute. On January 7,1930, R. A. Y. McCaughan gave to John E. Born a judgment bond secured by a mortgage, which was shortly thereafter assigned to the defendant trust…