Exeter Co-Operative Bank v. Clark

The basic issue is what claims the defendants have to the amount remaining from the proceeds of a foreclosure sale after the satisfaction of obligations secured by a first and second mortgage on the foreclosed property, and payment of the costs of foreclosure.

The total funds available for distribution, paid into the hands of the clerk of court-, were found to amount to $2,572.54. The master recommended distribution of these funds in accordance with an agreement of the defendant creditors. The record discloses that the creditors had real estate attachments on the foreclosed property formerly…