Clarke v. Cowan

The defendant is the holder and owner of what was originally a mortgage on one hundred and forty lots of land in Worcester, given to secure the payment of $10,500, on de- - mand, after five years from the date of the mortgage. The mortgage is dated October 15, 1897, and contains a provision that the grantee therein will “release and quitclaim any lot upon the payment of $150 per lot of 7,000 sq. ft.” The plaintiff took an assignment of a second mortgage on six of the lots. This mortgage was dated December 2,1902, and was given to secure the payment of $500 on demand after date. It was…