Avco Delta Financial Corp. of Maine v. Town of Whitefield

WERNICK, Justice.

Plaintiff, as assignee of a second mortgage interest in certain real property situated in defendant town, has appealed from a decision by the Superior Court refusing issuance of a permanent injunction sought by plaintiff to prevent sale of the property.

Defendant claims the right to sell on the ground that it acquired good title as an incident of tax lien mortgage foreclosures allegedly valid under 36 M.R.S.A. §§ 552 and 941-948, inclusive.

The facts are presented by an Agreed Statement pursuant to Rule 74 (r) M.R.C.P.

In 1964 Elsie C. Fowles executed a first mortgage on the…