. . .Where a power to sell real property is given to a mortgagee, or otherencumbrancer, in an instrument intended to secure the payment ofmoney, the power is part of the security and vests in any person whoby assignment becomes entitled to payment of the money secured bythe instrument. The power of sale may be exercised by the assignee ifthe assignment is acknowledged and recorded.
ConclusionThis case(Sumner) may be discussed for some time and not only because of the quandary of how to spell Kilkelly. The case rests on some very old principles which affect navigable water issues and equitable easements for common areas of developments. The case also blazes some new trails ruling on issues like equitable easements for off record private gated communities, equitable easements related to slander of title, and damage claims related to slander of title. As a result, we may witness more enthusiasm for slander of title in the near future.