ARMILLE v. LOVETT

No. 4478.

100 N.H. 203 (1956)

M. JEROME ARMILLE v. ARTHUR R. LOVETT & a.

Supreme Court of New Hampshire.

Decided April 27, 1956.


Attorney(s) appearing for the Case

Samuel A. Margolis (by brief and orally), for the plaintiff.

Waldron, Boynton & Waldron and Richard E. Dill (Mr. Dill orally), for the defendant Lovett.

Allen A. Backer (by brief and orally), for the defendant American Fidelity Company.

The remaining defendants furnished no briefs.


KENISON, C. J.

The first question presented by this case, which has not heretofore been decided, is whether notice must be given to subsequent attaching creditors in a power of sale foreclosure proceeding. The defendants contend that this is required under RSA 479:25 II: "NOTICE TO MORTGAGOR. A copy of said notice shall be served on the mortgagor or his representative in interest, or sent by registered mail addressed to him or such representative at his last...

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