MacKe v. Scaccia

The bill, filed by the purchaser ^f lands subject to an outstanding mortgage and standing in the position of the mortgagor, to enjoin a threatened foreclosure under power of sale, and to redeem the lands from the mortgage.

The present appeal is from a decree denying a temporary injunction after hearing on bill, answer, and supporting affidavits.

A mortgagor may ’proceed in equity to enforce his equity of redemption. No tender or offer to pay before suit brought need be averred or proven. No controversy or occasion for an accounting as to the amount of the mortgage debt need be shown. Submission…