Federal Land Bk. of Spokane v. Gallatin Co‪.‬

Equity — Mortgage Foreclosure — Setting Aside Decree for Mistake of Law — Complaint — Insufficiency — Receivers. Mortgages — Foreclosure — Setting Aside Decree for Mistake of Law — Complaint — Insufficiency. 1. Complaint of a bank (mortgagee) in a suit to set aside proceedings to foreclose a mortgage held by it on a tract of farm land or to vacate all proceedings subsequent to entry of decree resulting in the sale of the tract in separate parcels, acquiesced in by plaintiff, instead of being sold en masse as it should have been but was not because of a mistake of law on the part of plaintiffs attorney, with the result that a 40-acre tract on which the farm buildings were located was bid in by plaintiff for $1,600 whereas its real worth was $5,600, and later redeemed by an interested party, to the injury of plaintiff, etc., held not sufficient to state a cause of action, under the rules below. Same — Equitable Relief not Available, When — Maxims of Jurisprudence Applicable.