Boohaker v. McSwain

SIMPSON, Justice.

Complainants, appellees, filed a bill in equity, one aspect of which was to have a mortgage foreclosure sale set aside as void and to decree that by a full tender of the amount due made to respondent, appellant (mortgagee) before foreclosure, the complainants had fully satisfied the mortgage.

Complainants were the mortgagors of the real estate on which the respondent had a mortgage in the amount of $700. Thé mortgage was to secure building supplies to be furnished to the complainants in the construction of a house on a lot owned by complainants. There was a provision in the…