Spottswood v. Herrick

The material facts set up in the complaint as the second cause of action are these : The plaintiff was owner ■in fee of certain real estate, subject to a mortgage to defendant, on which $167.00 was paid on account of interest. The ■defendant foreclosed the mortgage, by advertisement and ■sale of the mortgaged premises for the full amount of the principal and of the interest thereon from the date of the ■mortgage to the day of sale, besides costs of foreclosure, without applying the payment, or making any deduction for ¡it. The plaintiff, (in the language of his complaint,) “ in tthe exercise…