Smith v. Curry

This is an appeal from an order sustaining an objection to the confirmation of a sale of real estate under an order of sale issued in a proceeding to foreclose a mortgage.

The objection to confirmation is by the mortgagor and the only question presented by the objection is that mortgagor was entitled to raise was that the land did not sell for a fair value.

At the hearing there was no showing whatever that the land did not sell for its fair value. The trial court did not refuse to confirm the sale on that ground. The refusal was based upon the ground that some third person might have an…