Hale v. Wigton

Maxwell, Ch. J.,.dissenting:

I am unable to concur in the opinion of a majority of the court, and will briefly state the reasons for my dissent. In this case the mortgagor had failed to pay the debt secured by the mortgage when it became due, and being in default •the mortgagee employed Martin to take the mortgaged property, .consisting of horses, and advertise and sell the same under the mortgage. Martin thereupon, by virtue of •of the mortgage, took the horses into his possession and cared for them, and was proceeding as rapidly as possible to foreclose the mortgage and sell the property.…