Sheasgreen Holding Co. v. Dworsky

Appeal by plaintiff from an order sustaining a general demurrer to its general complaint in an action to set aside the foreclosure of a real estate mortgage by advertisement.

Plaintiff is the owner of the involved premises, and defendant the mortgagee. August 10, 1928, there was a sale thereof under a previous attempt to foreclose by advertisement. The power of attorney was not filed for record with the register of deeds before the sale as required by statute (G. S. 1923 [2 Mason, 1927] § 9606). For that fatal defect the first attempted foreclosure was held invalid in a previous action between…