Ira B. Tuthill, Respondent v. Edmund R. Morris, Appellant

Summary

The Court reversed the lower court's judgment, holding that the plaintiff failed to make a sufficient tender of the mortgage debt and, even if a proper tender had been made, equity does not permit unconditional extinguishment of the mortgage without payment of principal, interest, and costs. The decision rests on the requirement that a tender be unconditional, full, and made to an authorized recipient, and that a mortgagor seeking equitable relief must himself fulfill the debt.