Huddleston, Administrator v. Kempner

BBOWH, Associate Justice.

H. Kempner owned a claim against the estate of F. M. Huddleston, deceased, L. P. Huddleston being the administrator. The claim was allowed, and a mortgage which existed upon certain real estate to secure the debt was ordered foreclosed and the land directed to be sold for the payment of the claim, the sale to be for cash. At the sale Kempner was the purchaser of the land at a sum less than the debt secured, and upon confirmation of the sale the administrator tendered a deed demanding the payment of the costs of the court and 5 per cent commissions upon the amount of…