Flanders v. Thomas

By the Court,

Cole, J.

This action was brought to recover tbe surplus moneys claimed to be due on tbe sale of a lot of logs, mortgaged by Flanders to Thomas, after tbe mortgage debt and costs were satisfied and discharged. The chattel mortgage was in tbe usual form, and contained a clause authorizing tbe mortgagee, on non-payment of tbe sums therein secured to be paid, as they became due, to take possession of tbe mortgaged property, and sell tbe same at public or private sale, after giving ten days notice of the time and place of such sale, and apply tbe proceeds to the payment of tbe notes,…