Lester v. Citizens' Savings Bank

This is a bill to set aside a mortgagee’s deed and to redeem the mortgage, on the ground that the sale, which was advertised to take place April 11, A. D. 1885, at twelve o’clock noon, was not made at that hour. Some of the testimony introduced supports the bill, but more of it, in our opinion, goes to show that the sale, though much delayed, took place, or was at least begun, before the appointed hour had expired. The mortgagee’s affidavit, which the statute makes prima facie evidence, states that the sale was at the hour. Our conclusion is, that the sale occurred between half past twelve…