GIBBS v. MANCHESTER FEDERAL SAVINGS & LOAN ASS'N

No. 3986.

96 N.H. 412 (1951)

RUSSELL F. GIBBS v. MANCHESTER FEDERAL SAVINGS & LOAN ASS'N & a.

Supreme Court of New Hampshire.

January 2, 1951.


Attorney(s) appearing for the Case

Russell F. Gibbs, pro se (by brief and orally).

Wyman, Starr, Booth, Wadleigh & Langdell (Mr. Louis C. Wyman orally), for the defendant Manchester Federal Savings and Loan Association.

Joseph J. Betley, for defendants Pollocks, filed no brief.


BLANDIN, J.

The Court has found that the plaintiff waived his right to take advantage of irregularities in the notice of the foreclosure sale, if any existed, and that he is estopped from asserting any rights to the premises. There was evidence that the plaintiff ceased all payments on the mortgage in the summer of 1929, that he then knew he was in default and expected the defendant would foreclose. He concedes that thereafter...

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