Watson v. Poe

McCAIN, Judge.

This is an appeal by the defendants, Wel-com H. Watson et al., from a final declaratory decree on the pleadings requiring them to execute a partial release of certain mortgaged lands to plaintiff, H. C. Poe, Trustee.

Defendants are second-mortgagees of property owned by plaintiff. This mortgage provides for a partial release of the property at the rate of $560.00 per acre. A further provision, the effect of which provides the question before the court and which involves only a portion of the property under mortgage, reads as follows :

“Notwithstanding anything in this agreement to…