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Bouvier's Law Dictionary, Revised 6th Edition (1856)

FORECLOSURE, practice. A proceeding in chancery, by which the mortgagor's
right of redemption of the mortgaged premises is barred or foreclosed
forever.
2. This takes place when the mortgagor has forfeited his estate by non-
payment of the money due on the mortgage at the time appointed, but still
retains the equity of redemption; in such case the mortgagee may file a
bill, calling on the mortgagor, in a court of equity, to redeem his estate
presently, or in default thereof, to be forever closed or barred from any
right of redemption.
3. In some cases, however, the mortgagee obtains a decree for a sale of
the land, under the direction of an officer of the court, in which case the
proceeds are applied to the discharge of encumbrances, according to their
priority. This practice has been adopted in Indiana, Kentucky, Maryland,
South Carolina, Tennessee, and Virginia. 4 Kent, Com., 180. When it is the
practice to foreclose without a sale, its severity is mitigated by enlarging
the time of redemption from six months to six months, or for shorter
periods, according to the equity arising from the circumstances. Id. Vide 2
John. Ch. R, 100; 6 Pick. R. 418; 1 Sumn. R. 401; 7 Conn. R. 152; 5 N; H.
Rep. 30; 1 Hayw. R. 482; 5 Han. R. 554; 5 Yerg. 240; 2 Pick. R. 40; 4 Pick.
R. 6; 2 Gallis. 154; 9 Cowen's R. 346; 4 Greenl. R. 495; Bouv. Inst. Index,
h.t.

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