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RUOTOLO v. BENJAMIN FRANKLIN CORP.

No. 81-256.

122 N.H. 149 (1982)

GAVIN J. RUOTOLO & a. v. BENJAMIN FRANKLIN CORPORATION.

Supreme Court of New Hampshire.

February 19, 1982.

Attorney(s) appearing for the Case

Dickson, Fauver & Cooper, of North Conway (Randall F. Cooper on the brief and orally), for the plaintiffs.

Hamblett & Kerrigan P.A., of Nashua (John V. Dwyer, Jr., and James M. McNamee, Jr., on the brief, and Mr. Dwyer orally), for the defendant.

MEMORANDUM OPINION

This is an appeal from a Superior Court (Batchelder, J.) decision denying the plaintiffs' petition to enjoin foreclosure of a mortgage on eleven hundred acres of land in Alton. The mortgagors agree that the note has been in default for several years, that the mortgagee can legally foreclose, and that notice was proper.

[1] The superior court has equitable powers under RSA 498:1 (Supp. 1979...

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