Rugg v. Record

This is a suit in equity to restrain the foreclosure of a mortgage, held by the defendant Record as a successor in title to the other defendants, on real estate owned by the plaintiff; to have the amount due thereon established; and-to redeem from the mortgage upon the payment to the holder of the amount so ascertained.

The facts, save such as are hereinafter stated, appear in the opinion of Rugg v. Record, 255 Mass. 247, and need not be restated. When that case was before this court, the record did not show the form of the deeds of the several lots, warranty or otherwise; whether or not the…