Van Syckel v. O'Hearn

Bird, V. C.

The complainants in this case filed their bill to foreclose a mortgage which was held by the testator, in his lifetime, on lands in the bill described. The bond which the mortgage was given to secure had been due for many years. The bill was filed on the 25th day of November, 1891. In the month of March, 1891, the then owner of the premises entered into negotiations with Patrick O’Hearn, one of the defendants, for the sale to him of the said premises. O’Hearn was willing to purchase the premises, provided the testator, who was then living, would not require the payment of the…