¶1It is a principle in chancery not to decree a foreclosure unless upon examination it appears to the court that the debt, due on the mortgage, is nearly equal to the value of the mortgaged premises. This was considered and determined, when the decree of foreclosure passed. If that decree is not right, a petition of review, and not an action of assumpsit, is the proper remedy.
1 Root 266
Fitch v. Coit
Decided March 15, 1791
Supreme Court of Connecticut · decided 1791-03-15
<p>Indebitatus assumpsit will not lie, after a decree of foreclosure, to recover money back that was paid by tbe mortgagor.</p>
Decided 1791-03-15