David v. Sun Federal Savings & Loan Ass'n

I respectfully, but emphatically, dissent. As an appellate judge, I am reluctant to set aside the trier of facts’ exercise of discretion, yet when that discretion is exercised without properly taking into account well established equitable precepts, in my judgment such discretion has been abused. There were a number of equitable considerations which the lower court apparently did not entertain in reaching its result. Had the record disclosed the existence of only one of them, I might concur with the ma*1279jority; however the cumulative effect of them all convinces me that foreclosure should not…