78 Mass. 60
Massachusetts Supreme Judicial Court
Decided November 15, 1858
Massachusetts Supreme Judicial Court · decided 1858-11-15
Writ of entry to foreclose a mortgage. The defendant was defaulted, and filed in set-off an account for goods sold and delivered and work and labor done. At the hearing in the court of common pleas, the defendant offered evidence to prove the items in his account, by way of set-off against the debt secured by the mortgage, to reduce that debt, and the amount for which conditional judgment should be rendered.
Decided 1858-11-15
¶1Upon rendering a conditional judgment lor the plaintiff on a writ of entry to foreclose a mortgage, under the Rev. Sts. c. 107, § 5, the question is, “ how much is due to the plaintiff on the mortgage,” not what would be due between the parties upon a settlement of all mutual demands between them/ The set-off was therefore rightly disallowed.
¶2Exceptions overruled.