McIllwain v. Bank of Harrisburg

Lawson Cloninger, Judge.

This is an appeal from a decree of foreclosure. In the decree, the chancellor found that appellant, Margaret McIllwain, and her now deceased husband, L.E. McIllwain, failed to mitigate damages and therefore were not entitled to be reimbursed for the losses they suffered due to the foreclosure. Although there are several other points raised on appeal and discussed below, we reverse the finding of the chancellor that appellants had the duty to mitigate damages.

Because this is a rather complicated fact situation, it is necessary to set out the facts in greater detail than…