§2713. Excess determined by court or jury
If it appears that the plaintiff has complied with the order of the court and that the trustee has refused or neglected to comply therewith, the court shall enter up judgment against him for the amount due and returned unsatisfied on the execution if there appears to be in his hands such an amount of the property mortgaged over and above the sum due him; but if not, then for the amount of said property exceeding that sum, if any. The amount of this excess shall be determined by the court or jury.
Structure Maine Revised Statutes
TITLE 14: COURT PROCEDURE -- CIVIL
Part 5: PROVISIONAL REMEDIES; SECURITY
Subchapter 1: PROCEDURE BEFORE JUDGMENT
Article 2: EXAMINATION AND DISCLOSURE
14 §2701. Liability of trustee for failure to disclose
14 §2703. Commissioner to take disclosure
14 §2704. Trustee leaving State discloses before notary
14 §2705. Trustee may disclose by consent
14 §2707. Examination of trustee
14 §2708. Disclosure under oath
14 §2709. Trustee may submit statement of facts
14 §2710. Disclosure deemed true
14 §2711. Time extended for trustee to disclose
14 §2712. Disclosure of property mortgaged to trustee
14 §2713. Excess determined by court or jury
14 §2714. On disclosure trustee delivers property to officer