New England Mutual Life Ins. v. Lindenbaum

The first case is a summary proceeding at law for the possession of real estate after foreclosure of a mortgage thereon by advertisement, and the second is a chancery action to restrain plaintiff in the first cause from taking possession after the claimed invalid foreclosure. As both cases involved the same property they were ordered consolidated for trial.

Appellant’s statement of questions involved presents two claims: first, that the property consists of two parcels and therefore must be sold separately; second, that the mortgagee breached an agreement to withhold foreclosure until the…