Stevens v. Whaley

BOULDIN, Justice.

A mortgage of real estate - being in default, a transferee of the mortgage, or a party claiming as transferee, proceeded to foreclose the same by sale at public auction under the power of sale in the mortgage.

Before the day of sale, the administratrix of the estate of the mortgagor, then deceased, filed a bill in equity for an accounting and redemption, a bill to enforce the equity of redemption, making the mortgagee and transferee parties respondent.

After the filing of this bill, and service had on respondents, and oh the day already set for the foreclosure sale, such sale…