Fudim v. Kane

This was an action of assumpsit by a mortgagor to recover a surplus alleged to be in the hands of the assignees of the mortgagee after a foreclosure sale.

Two mortgages existed dn plaintiff’s property, the first for $6,000 and the second for $12,000. The latter was held by defendants. Interest being in default thereon, acting under the power of sale in the mortgage they advertised a sale of the property. The sale as advertised was actually made with notice that it was subject to the first mortgage. At the sale were numerous bidders, one of whom bid $14,500. Among those present was the holder,…