Wesson v. Taylor

BOULDIN, Justice.

The mortgagor of real estate, before foreclosure, has an equity of redemption therein. A court of equity has original jurisdiction to enforce this equity.

A bill by the mortgagor against the mortgagee, disclosing such equity of redemption, submitting to the jurisdiction of the court, offering to pay the amount ascertained to be due on the mortgage debt, and, thereupon, praying a surrender and cancellation of the mortgage, contains equity.

This resort to equity is not cut off by pending proceedings by the mortgagee to foreclose under power of sale. Unless restrained, the…