Foster v. Goodrich

The plaintiffs in 1876 brought a bill against the defendant and Joseph C. Wightman, to restrain the defendant from selling certain real estate under a power of sale contained in a second mortgage which had been assigned to him by Wightman. The estate was then subject to a mortgage, in the sum of $9000, to the Home Savings Bank, and to the mortgage held by the defendant, upon which interest was overdue to the amount of $245. By that bill, the plaintiffs sought to establish that the mortgage held by the defendant was invalid, on the ground that it had been procured from one of the plaintiffs by…