Cilley v. Fenton
Cilley v. Fenton
Opinion of the Court
No question is made in this case as to the liability of the plaintiffs in the action at law in which the verdict was rendered against them. The only ground on which they seek to maintain their bill is that, since that verdict was rendered, the mortgaged premises have been sold for the sum of $10,000, and that they are entitled to have that sum, or so much of it as is necessary, credited to them against that verdict, and to have Fenton restrained from entering or enforcing judgment thereon.
The general principle is, as the plaintiffs contend, that the holder of collateral security with power to convert it into money is bound to apply the proceeds of any sale thereof to the debt which it secures. But in view of the facts of the case, this principle does not aid the plaintiffs. They insisted, at the trial of the action at law, that the sale under the power, at which Mrs. Fenton was the highest bidder, should be treated as an actual and effective sale, though the sum bid was not paid, and no deed was ever made, and no foreclosure of the mortgage was
Dismissed, with costs.
Reference
- Full Case Name
- Horace L. Cilley & others v. Thomas W. Fenton & wife
- Status
- Published