Cross, Et Ux. v. Hurlburt

The appeal in this case is from final decree in foreclosure suit.

We can see no useful purpose to be served by a discussion of the questions presented.

On the whole it appears that while interest was in default mortgagee agreed to accept certain bonds in a named amount in satisfaction of the mortgage debt if bonds should be delivered within a stated period. No additional consideration moved to the mortgagee as a basis for the agreement. The bonds were not forthcoming within the time named.

After it appeared that the bonds would not be forthcoming the mortgagee, by his attorney, notified the…