Chaffee v. Franklin

In this case the deceased husband, his wife joining, gave a mortgage with power of sale. The estate was sold under the power after his death. His administrator sues to recover the surplus in the hands of the mortgagee.

If such a sale takes place before the mortgagor’s death, the surplus is in some cases personal estate. But if it takes place after his death, the surplus will go to those entitled to the equity of redemption, and it will in equity be treated as real estate so far as necessaiy to protect the rights of any persons interested. If the widow would have been entitled to dower in the…