Gerrish v. Black

This is a bill to obtain the discharge of a mortgage. It alleges that all the conditions of the mortgage have been fully performed, and the debts secured thereby have been paid, and further that the defendant is estopped to make any claim upon the premises under this mortgage by reason of the proceedings and decree in a former suit.

In 1850 the plaintiff gave a mortgage of the premises to John Black, the defendant’s father, to secure the payment of a note of $26,000. In June 1856 he gave a deed of the premises to Black, absolute on its face, but it was given and received as security for…