Millard v. Truax

The bill in this case is filed to set aside a statutory foreclosure and permit the complainants to redeem.

■Complainants are grantees of one Cummings who on July 12, 1876, mortgaged the land in controversy to Peter Lowe to secure the payment of the sum of two hundred dollars with ten per centum interest in one year from that date. The bill alleges that Lowe assigned to defendant and defendant made an assignment without consideration to one Smith, and procured Smith in defendant’s interest to institute proceedings in foreclosure in July, 1877, after one year’s interest had been paid; that Clark…