Jessup v. Nixon

Are the heirs at law of a deceased mortgagor precluded from setting aside a sale of the mortgaged premises, not made in compliance with the terms of the mortgage, when at the time of said sale the estate of the mortgagor was insolvent and unable to pay more than fifty-three per cent of the indebtedness thereof?

From time immemorial it has been held by the courts that the law looks upon a mortgagor with a kindly eye, and this legal beneficence has grown into a maxim “that once a mortgage always a mortgage.” Ray v. Patterson, 170 N. C., 226, 87 S. E., 212. It is also beyond question in this…