Millburn Land Corp. v. Stearns

Plaintiff, being the owner of premises subject to the lien of a mortgage held by defendants, seeks in this action to compel defendants to execute and deliver a release of a portion of the mortgaged premises- pursuant to the provisions of a *879release clause contained in the mortgage. Since the aid o£ equity is affirmatively invoked by plaintiff to secure the extinguishment of the mortgage lien upon a portion of the premises, the plaintiff must itself do equity, and the failure of the plaintiff to allege facts showing that the tender has been kept good either by defendants’ acceptance of the…