Gauntt v. McKissack

FOSTER, Justice.

The bill in this case was filed by a mortgagor against the holder of two mortgages after maturity and after the holder had begun foreclosure under the powers of sale by publication of notice. It alleges that the second mortgage was given to secure the same debt as that secured by the first, and an additional sum advanced, whereas the holder claimed the full amount of them both, but that the second mortgage embraced the entire debt; also that the amount claimed included usurious interest. It sought a redemption and injunction, and offered to do equity.

An injunction was ordered…