Wagner v. Shaw

RITCHIE, District Judge.

In this case I am inclined to change my ruling, not because I have changed my opinion as to the probable meaning of the statute involved, but because I have failed to give sufficient weight to another principle which I think is entitled to prevail, and that is, that when a statute is susceptible of two constructions, and one construction more nearly accords with equity than the other, it should be adopted. In this case I think all the equity is in favor of the construction contended for by counsel for the mortgagee, although I am still of the belief that the view I…