Hunter-Benn Co. Company v. Bassett Lumber Co.

This appeal is prosecuted from a decree of the court overruling defendant’s demurrers to the bill as last amended.

The bill is filed by the complainant as mortgagor pending foreclosure, to enjoin the defendant from exercising the power of sale, for an accounting, to enforce an equitable set-off, and in the alternative to redeem; the complainant offering in its bill to do equity by paying any amount or sum ascertained to be due, secured by the mortgage.

The mortgage was executed, not to secure any specific indebtedness, but to secure the-faithful performance of a contract between the parties in…