Isam Mitchell & Co. v. Norwach

The plaintiff alleges that it is the owner of certain real estate in Brockton,, upon which the defendant holds a mortgage, given to him in 1915 by Annie Rastok; and that on April 15, 1920, the defendant entered on the real *35estate for the purpose of foreclosing this mortgage, and has been in possession collecting rents and other income ever since. The plaintiff offers to pay the defendant the amount due on the mortgage and asks for an accounting and for a delivery to it, as its property, of the mortgage and note, upon the payment of the amount due thereon. The answer, among other things,…