Savings Bank of Walpole v. French

The agreed statement of facts upon which we are asked to determine to whom the surplus funds of the foreclosure sale should be distributed, is as follows:

“1. On September 24, 1960 Maurice French and his wife, Virginia French, who were the joint owners of certain real estate situated in Westmoreland, New Hampshire, mortgaged said real estate by a statutory power of sale mortgage to the Savings Bank of Walpole. This mortgage was recorded on September 24, 1960 in Vol. 674, Page 339 of the Cheshire Registry. At the time of this mortgage, both Maurice French and his wife, Virginia French were…