Potts v. Plaisted

In each of these cases the bill is to foreclose a mortgage, and the only defense relied upon, against a decree of foreclosure and sale, was a tender of the amount due upon the respective mortgages before the filing of the bill, and the consequent discharge of the lien of the mortgage.

*150The only question, therefore, is one of fact, to be decided upon the evidence in the record, whether a tender was made of the amount due upon the respective mortgages, in such manner that complainant, the holder of the mortgages, understood it at the time as a present, absolute and unconditional tender of the…