Hennessy v. King

The action was brought to have a certain deed and a certain discharge of mortgage canceled of record, to have the mortgage restored as a purchase-money mortgage and to foreclose it.

In 1920 plaintiff Hennessy agreed to sell to defendant Nelson King, at the agreed price of $17,000, a farm and personal property ($5,000 for the personal property), with a further agreement that, when $7,000 of the purchase price was paid, Hennessy would give a deed of the farm and take back a mortgage for $10,000. This latter transaction was carried out on February 4,1921, the purchase-money mortgage becoming a…