Kelley v. Wehn

Norval, O. J.

Horace A. Kelley brought suit in the court below to foreclose a tax lien. Personal service was had upon the defendants, but they made default. On August 16, 1895, a decree of foreclosure was entered. An order of sale was subsequently issued, the property was sold, sale confirmed, and a deficiency judgment was rendered against the defendant Maria J. Wehn for $62.59. On February 16, 1898, she filed a motion to set aside and vacate the deficiency judgment, which was sustained on the ground that the prayer of the petition was insufficient to authorize a deficiency judgment.

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