Wolcott v. Schenck

Emott, Justice.

I find nothing in these affidavits to sustain the imputation of bad faith to the plaintiff, or the charge of wilful misconduct against the referee. The question is simply one of regularity and conformity to the rules of the court, and the principles which govern its procedure. The parties to a foreclosure suit, and especially those interested in the equity of redemption as owners or subsequent incumbrancers, have a right to insist that the property shall be sold in the manner and according to the rules established and adhered to by the court, as most likely to produce the…