
    Ozias H. Mather vs. Joshua Bennett.
    A. mortgaged real estate to B., to secure the payment of a promissory note for $600, payable in three years, B. assigned the mortgage and note to C., 0. after-wards assigned them to D. as collateral security for a note for $300, payable in thirty days. C. paid D. $25 for his loan, and, at the maturity of the note of $300, paid D. another $25 for a renewal of it for thirty days, and, at the expiration of that time, a further sum of $20 for a further renewal for sixty days. At the end of the sixty days, E., to whom C. had sold his interest in the mortgage and mortgage note, in consideration of $275 in cash and an agreement on the part of E. to discharge D.’s lien, tendered to D. $325, and requested D. to deliver to him the mortgage and mortgage note. D. refused to do so, and E. filed a bill in equity, praying that D. might be decreed to deliver to him the mortgage and note, and to assign to E. the mortgaged premises free from all incumbrances made or suffered by D., and it was held that the court had no jurisdiction of the suit.
    This was a bill in equity, filed at the November term 1849, an abstract of which is as follows : —
    On the 2d day of July, 1847, Frederic Eberlee, and Eliza-Deth his wife, mortgaged certain real estate to Jacob Boos, to secure the payment of a certain promissory note for the sum of $600, with interest payable semi-annually, in three years from the above date. On the 4th of January, 1848, Boos assigned the mortgage and note to John M. Sehroeder. On the 7th of January, 1848, Sehroeder borrowed $300 of Joshua Bennett, the respondent, for which he gave his promissory note for that amount, payable in thirty days, to Bennett, and assigned the above mortgage and note to Bennett, as collateral security for the payment of the note of $300. For this loan of $300, Sehroeder paid Bennett the sum of $25, and it was agreed that the mortgage should not be recorded unless Sehroeder should fail to pay the sum of $300 at the expiration of thirty days.
    At the maturity of the note for $300, Bennett agreed to give Sehroeder the further space of thirty days, upon condition that Sehroeder should pay to Bennett the further sum of $25 for such forbearance, and Sehroeder thereupon paid Bennett the further sum of $25, and gave Bennett a new note for $300 payable in thirty days from date, the first mentioned note for $300 being taken up and cancelled. At the maturity of the note last given, Bennett agreed to give Sehroeder the further space of sixty days, on payment of the further sum of $20 for such forbearance, and Sehroeder thereupon paid Bennett the sum of $20, and gave him another note for $300, payable in sixty days from date.
    On the 7th day of March, 1848, Sehroeder sold and assigned to the complainant all his interest in the mortgage and mortgage note, for the sum of $600, and the plaintiff paid to Sehroeder the sum of $275, and agreed to discharge any lien which Bennett might have upon the mortgage and mortgage note, and notified Bennett of the sale and transfer to the plaintiff by Sehroeder.
    On the 13th day of April, 1848, Bennett caused the assignment of the mortgage made to him by Sehroeder to be recorded in the registry of deeds for the county of Suffolk.
    At the maturity of the note last given by Sehroeder to Bennett, the complainant tendered to Bennett the sum of $325, and requested Bennett to deliver to him the mortgage deed and note thereby secured, but Bennett refused to accept the same, or to deliver the deed and note to the complainant. The complainant prays that Bennett may be decreed to deliver up to him the mortgage deed and note, and to assign to him the mortgaged premises free from all incumbrances made 01 uffered by Bennett.
    General demurrer to the bill.
    
      H. C. Hutchins, for the respondent.
    
      A. _D. Parker, for the complainant.
    This case was argued and decided at a former term.
   By the CoüRT.

This court has no jurisdiction.  