Thomas v. Waters Admr.

Opinion by

Me. Justice Linn,

This was a bill filed November 14,1938, by a pledgor’s executors against a pledgee’s administrator and distributees, who had taken in kind, for an accounting on averments that the pledgor’s debt was paid and his executors entitled to the return of shares of stock pledged and to sums received in excess of the debt. The case was tried on the merits in February, 1939, before the three judges of the court below in banc. Three questions were presented and considered: (1) Had the pledgee foreclosed the equity of redemption and become the owner of the collateral? (2) Had…