¶1Let Mr. Spiller be at liberty to file a bill, stating his interest, and praying the decree may be so varied as to let him in to pay the money. It would be unjust. to foreclose the equity of redemption, and bar his title to his moiety, which he acquired fairly, without put* ting it in his power to prevent the foreclosure by paying the money.
2 N.C. 555
Anonymous
Superior Court of North Carolina
Decided April 15, 1797
Superior Court of North Carolina · decided 1797-04-15
This was a bill to foreclose a mortgage. Cochran was mortgagor — he sold one. moiety of the premises to Huitt, and his partner, in fee — their title came by a Sheriff’s sale to Spiller. The mortgagee had a decree of foreclosure, unless before a certain day the money was paid.— That day was past, but no absolute decree of foreclosure yet entered.
Decided 1797-04-15