Chase v. McLellan
Supreme Judicial Court of Maine
Bill in Equity. The case, heard on bill, answer and proof, is sufficiently stated in the opinion. The description of the premises in the notice of foreclosure is defective, and therefore, the proceedings are void. Spring v. Haines, 21 Maine, 126; Ford v. Frshine, 45 Maine; Holbrooh & ais. v. Thomas, 38 Maine, 256. 2. The foreclosure was waived by McLellan.
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Bill in Equity. The case, heard on bill, answer and proof, is sufficiently stated in the opinion. The description of the premises in the notice of foreclosure is defective, and therefore, the proceedings are void. Spring v. Haines, 21 Maine, 126; Ford v. Frshine, 45 Maine; Holbrooh & ais. v. Thomas, 38 Maine, 256. 2. The foreclosure was waived by McLellan. This may be done by á parol agreement, or it may be inferred from the acts of the mortgagee. 2 Hill. onMort., 17, 18. Fisher v. Shaw, 42 Maine, 32, 39; Basham v. Mclntire, 19 Pick., 346. McLellan admits he waived the foreclosure for six…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney, C. J.
The complainant prays for a decree that he be allowed to redeem a mortgage given by him to Samuel Soule, on January 22, 1846, of real estate described therein. He alleges, in his bill, that the mortgage was given as security for the sum of $1000, payable in four equal annual instalments, with interest annually, according to his four notes, bearing even date with the mortgage. On August 29, 1850, the complainant gave another mortgage to said Soule, of the same real estate, to secure another note of the date of the second mortgage, for the…
2Cited by1 opinion
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