Brown v. Cleveland Trust Co.

The sole question presented by the agreed statement of facts in this ease, is whether a covenant in a mortgage that the mortgagee shall release a portion of the mortgaged premises from the lien of the mortgage at the request of the mortgagor, upon payment of a stipulated amount, is available to the mortgagor after *431his default and after foreclosure of the mortgage has been begun.

The adjudicated cases upon this subject seem to agree that such stipulations are inserted 'in mortgages for the purpose of facilitating the sale of the mortgaged premises in parcels, and that it would be inequitable to…