Home Savings Bank v. Wilson

The plaintiff here seeks to recover the balance due on a promissory note for $5,000 secured by real estate mortgage, after foreclosure by sale. In its declaration, the plaintiff alleged the execution of the note and mortgage by the defendants on June 16, 1951, defaults in payment thereof, and the liability of the defendants for a deficiency remaining after sale of the mortgaged property. So far as is here material, the defendants answered by a general denial and by allegations that the plaintiff failed to give proper notice of the foreclosure sale or to conduct the sale in good faith in…