Dorrough v. Barnett

The bill is by the mortgagor of real estate for redemption. As amended, it seeks relief in the alternative: First, to avoid a foreclosure sale under the power, and redeem as owner of the equity of redemption ; second, to exercise the statutory right of redemption by aid of a bill in equity. The appeal is from a decree overruling demurrers to the amended bill.

Under the first aspect the bill avers, in substance: The assignee of the mortgage, after default, and after 30 Says’ published notice as required, sold the property at public auction. The respondent, C. W. Dorrough, became the purchaser…