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WALPOLE SAVINGS BANK v. FRENCH

No. 5219.

105 N.H. 407 (1964)

SAVINGS BANK OF WALPOLE v. MAURICE FRENCH & a.

Supreme Court of New Hampshire.

Decided June 2, 1964.

Attorney(s) appearing for the Case

Faulkner, Plaut, Hanna & Zimmerman, for the plaintiff Savings Bank of Walpole, submitted no brief.

Howard B. Lane (by brief), for the defendant Alfred Chickering.

Harry C. Lichman for the defendant Casper C. Bemis, Jr., submitted no brief.

The defendants Maurice French and Virginia French submitted no briefs.

BLANDIN, J.

The agreed statement of facts upon which we are asked to determine to whom the surplus funds of the foreclosure sale should be distributed, is as follows:

"1. On September 24, 1960 Maurice French and his wife, Virginia French, who were the joint owners of certain real estate situated in Westmoreland, New Hampshire, mortgaged said real estate by a statutory power of sale mortgage to the Savings Bank of Walpole. This mortgage was recorded on September...

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