Dinsmore v. Savage
Supreme Judicial Court of Maine
Dill in equity, to redeem laud mortgaged, alleging that, August 17, 1872, the plaintiffs demanded of the defendants a true account of the sum due on the mortgage, and of the rents and profits, and the money expended by them in repairs and improvements, to the end that the plaintiffs might redeem the premises from the mortgage, and that the defendants neglected and refused to render such an account.
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Dill in equity, to redeem laud mortgaged, alleging that, August 17, 1872, the plaintiffs demanded of the defendants a true account of the sum due on the mortgage, and of the rents and profits, and the money expended by them in repairs and improvements, to the end that the plaintiffs might redeem the premises from the mortgage, and that the defendants neglected and refused to render such an account. The defendants in their answer state that, August 29, 1872, they gave to the plaintiffs a statement in writing, according to their best knowledge and belief, of the amount then due after deducting…
1Opinion of the Court
'Walton, J.
This is a bill in equity to redeem land mortgaged. The suit was commenced without a tender of the amount due upon the mortgage; and, to support it, the plaintiffs have averred, and the burden is upon them to prove, that the account which the defendants rendered of the sum due upon the mortgage was not a true account. This they have failed to do.
The only objection made .to the account is that the defendants did not charge themselves with rent for a period of about seven years, during which time the land was held and occupied by one Thomas F. Chase.
The facts out of which this…
2Cited by1 opinion
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