Bryant v. Erskine

This is a bill in equity for the redemption of certain mortgaged premises. Three of the respondents demur and the third, Jane Linscott, has filed an answer. The questions now presented for adjudication arise upon the bill and the demurrer thereto. The demurrer admits the facts duly set forth in the bill.

On April 22, 1861, Ephraim Linscott conveyed the premises in controversy to Charles H. Linscott, by deed of warranty, who, on the same day, mortgaged them to Ephraim *154Linscott and Jane Linscott, his wife. The condition of the mortgage was in these words :—

" Provided nevertheless, that, if the…