Fenton v. Torrey

The first two counts in the declaration, and the plaintiff’s offer of proof, show substantially the following case: The plaintiff executed a mortgage of real estate to the defendant, to secure a note for $16,400, and afterwards sold the equity of redemption to persons who agreed to assume and pay the note. The defendant assigned the mortgage and indorsed and guaranteed the note to Norcross and others; and thereafter, acting in their names, by virtue of a power of sale contained in the mortgage, made a sale of the mortgaged premises for the sum of $10,000, which was applied in part payment of…