Viles v. Korty

Bill in equity to ascertain and recover the amount of a deficiency judgment to which plaintiff is entitled, foreclosure of real estate having been made by publication and value of property being less than the mortgage debt. Case reported on bill and general demurrer. Ground of demurrer that plaintiff has complete and adequate remedy at law.

Demurrer must be sustained. Plaintiff has apparently a complete and adequate remedy at law. “If there be such a legal remedy, there is no occasion for invoking the equity powers of the court.” Titcomb v. McAllister, 77 Me., 353. Equity courts may decline…