
    Deodatus C. Whitwood versus Amos Kellogg.
    
      Sept. 10th
    
    Where a mortgagee, upon being requested by the mortgager to state an account of the money due on the mortgage, renders such an account without any unreasonable delay, giving all the information in his power, he will not be liable to the costs of a bill to redeem, under St. 1821, c. 85, § 1, although some items in the account should prove erroneous : nor, if the bill is sustained, will he be entitled to recover costs.
    This was a bill in equity, under St. 1821, c. 85, § 1, to redeem land in the possession of the defendant as assignee of the mortgagee. Upon a demand made to state an account of the rents and profits, the defendant rendered one forthwith, in which he charged about 34 dollars for disbursements ; of which sum an auditor appointed in the suit disallowed about 5 dollars.
    
      C. A. Dewey and Bishop,
    
    for the plaintiff, claimed costs, on the ground that the defendant had “ unreasonably refused or neglected to render a just arid true account.”
   But the Court said it was not the intention of the statute, that any little errors in the account rendered should subject the defendant to costs, where he shows a willingness to give all the information in his power. The refusal to render a true account should be such as would show an intention to embar rass the other party.

Whiting, lb'' the defendant, likewise claimed costs ; but the Court observed that the statute in question does not give costs to the defendant, and that in the present case he was not the prevailing party and so not entitled under the general statute provision respecting costs.

Redemption decreed. 
      
       See Revised Stat. c. 107, § 18,19,
     