Locke v. Homer

•Gray, C. J.

This is an action of contract. The facts of the case, as found by the Chief Justice of the Superior Court, before whom it was tried without a jury, are as follows;

*94On September 20, 1878, the plaintiffs, being the owners of a parcel of land in Newton, mortgaged it to Margaret Aitken to secure the payment in three years from date of their promissory note to her for $4000; and on June 12, 1875, conveyed the land to the defendant by a deed, expressed to be “ in consideration of six thousand dollars paid by ” him, describing the land by metes and bounds, and containing covenants of…