Lydecker v. Bogert

The Chancellor.

The defendant held a bond and mortgage of real estate given to him by the complainant. He recovered a judgment at law against the complainant for the mortgage debt, and under execution sold the mortgaged premises, which he purchased at the sale. He then proceeded to sell other lands of the complainant, under the execution, to raise the balance due thereon after crediting the amount raised by the sale of the mortgaged premises. The bill is filed to restrain him from selling.

The complainant insists that the purchase by the defendant of the equity of redemption was an…