| Me. | May 15, 1841

On the last day of the term, the Court, by Shepley J. remarked, ■that the principle contended for by the plaintiff’s counsel, was recognized in Gardiner v. Niles, in Penobscot, (16 Maine R. 379,) as well as in the case cited. Judgment was ordered to be made up ■for the amount paid by the .plaintiff to redeem the mortgage and interest.

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