Massachusetts Supreme Judicial Court November 15, 1873 (Gerrish v. Black)

Wells, J.

By Gen. Sts. c. 140, § 21, if a suit for redemption cf a mortgage “ is brought without a previous tender, and it appears that anything is due on the mortgage, the plaintiff shall pay the costs of suit, unless it appears that the defendant has unreasonably refused or neglected, when requested, to render a just and true account:” or “that he has otherwise, by his default, prevented the