Parker v. Trustees of Smith Charities

The plaintiff by his declaration admits that the proceedings of the defendant corporation, in advertising and selling the land described in the mortgage to it, were in accordance with the terms of the power contained in the mortgage ; and seeks to recover an alleged surplus of proceeds of the sale, remaining after satisfaction of the mortgage debt and of subsequent mortgage debts, and the expenses incurred by the defendant for insurance and in making the sale and conveyance to the purchaser. The defendant before suit admitted that a surplus of proceeds was in its hands, and tendered the…