Taylor, Jr. v. Prine

This is an appeal from an order denying’ a deficiency decree in the foreclosure of a purchase money mortgage, the mortgagee-complainant having purchased the property at the master’s sale. The chancellor denied the deficiency decree sought solely upon the ground that the mortgage involved was a purchase-money mortgage.

The entry of a deficiency decree in a mortgage foreclosure rests in the sound judicial discretion of the chancellor. Chap. 11993, Acts of 1927, now Sec. 5751, C. G. L. 1927. Exercise of the power to enter such a decree is permissive, not mandatory.

The discretion contemplated by…