Gardner v. Barnes

The material facts in each of these cases are precisely similar, and are as follows: The plaintiff attached on mesne process in an action of contract an equity of redeeming real estate from a mortgage previously made by the defendant in that action tc the defendant in this ; recovered judgment; took out execution; caused the same to be levied by a seizure and sale of the land, and himself became the purchaser at that sale. The mortgage contained a power of sale, and a provision that, in case of an execution of the power, the mortgagee should retain the amount of his mortgage debt, with…