Mabie v. Hatinger

The bill in this case was filed to foreclose a mortgage. A statutory foreclosure for a small amount of interest was made in 1878, and a sale made thereunder to complainant. In November, 1878, the defendant visited the complainant for the ostensible purpose of redeeming *342from this sale, and obtained from him a quit-claim deed of the premises, and defendant now claims that he thereby obtained the same discharged from this mortgage, and that even if he did hot complainant cannot ask to have the deed set aside without refunding the consideration paid therefor. It also appears that some defect…