John Barton v. Francis D. Farbore

This was a motion for a decree for the sale of mortgaged premises. The bill stated that the defendant was insolvent and out of the state, and that the mortgage did not contain any power of sale. The chancellor held that in such a case the court has jurisdiction, if the mortgaged premises are worth more than $100, although there is less than $100 due ; upon the ground that there is no other remedy, and there would otherwise he a failure of justice. (See 2 Paige, 324.)