Stafford v. Morse
Supreme Judicial Court of Maine
On report. Bill in equity to redeem a mortgage. Sustained. This was a bill in equity for the redemption of a mortgage of real estate. The bill, answer, notice of foreclosure, record and certificate of the register of deeds, demand for an account and response, were put in evidence.
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On report. Bill in equity to redeem a mortgage. Sustained. This was a bill in equity for the redemption of a mortgage of real estate. The bill, answer, notice of foreclosure, record and certificate of the register of deeds, demand for an account and response, were put in evidence. The plaintiff offered to prove that he had no knowledge of where the newspaper, in which the notice of foreclosure appeared, was printed and published; and it was agreed that the same should be taken as proved if the evidence was legally admissible. The defendant offered to prove, by oral evidence, by the production…
1Opinion of the CourtSavage, J.
Bill in equity to redeem from a mortgage. The defendant holding under the mortgagee claims an absolute title through a complete foreclosure by publication. The plaintiff denies that the mortgage was legally foreclosed. And this is the sole issue here. The plaintiff urges several objections to the foreclosure proceedings, only one of which do we consider, as we think that one is necessarily fatal.
The statute, It. S., chap. 90, § 5, requires one who seeks to foreclose a mortgage by publication, to cause a copy of the printed notice, and the name and date of the newspaper in which it was last…
2Cited by6 opinions
- Keybank National Ass'n v. SargentSupreme Judicial Court of Maine · 2000
- Winter v. Casco Bank and Trust Co.Supreme Judicial Court of Maine · 1979
- Cadle Co. v. LCM ASSOCIATESSupreme Judicial Court of Maine · 2000
- United States v. HarrimanDistrict Court, D. Maine · 2010
- Van Woudenberg v. ValentineSupreme Judicial Court of Maine · 1939
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