Barry v. Welch

SIMPSON, Justice.

Bill to enjoin the foreclosure of a real estate mortgage on complainants’ property. It is alleged that the debt was not in default, in consequence of which it was prayed that the sale be enjoined, and in the alternative that if the mortgage be adjudged to be in default that complainants be allowed to redeem, after an accounting ascertaining the amount due. The bill offered to do equity and to pay whatever sum should be found to be due under the mortgage. A temporary injunction pendente lite, was issued in response to the prayer of the bill.

The defendants, on answering, moved…