Fowle v. Merrill

The plaintiff purchased of the assignees in insolvency of Enoch Bartlett, one of the defendants, the equity of redemption from a mortgage made by Bartlett to Merrill, another defendant, and brings this bill to redeem. The only defence to the bill is a sale and conveyance of the mortgaged premises under a power of sale contained in the mortgage deed ; and if that sale was ineffectual, the right of redemption is not denied.

The objections urged against the regularity and lawfulness of the proceedings in the attempt to execute the power of sale are formidable as well as numerous; but one of them…