Fleming v. Dane

After the decision in Fleming v. Dane, 298 Mass. 216, the declaration wag amended in substantial respects, *47and the action is again here upon the plaintiff’s appeal from orders sustaining demurrers of all defendants.

Omitting words and sentences not directly bearing upon the essential allegations, the amended declaration may be restated as follows: For many years prior to 1934 the plaintiff owned a parcel of land in Brookline known as “Fleming Corner,” subject to a mortgage of $75,000 to the defendant Brookline Trust Company. Its value was greatly in excess of the amount of the mortgage, but…