Wheat Belt Building & Loan Ass'n v. Armstrong

The opinion of the court was delivered by

Thiele, J.:

This is an appeal from an order refusing to confirm a sheriff’s sale growing out of a real-estate-mortgage foreclosure.

The facts may be summarized as follows: On June 1, 1932, plaintiff recovered a personal judgment against defendants and for foreclosure of its mortgage, the journal entry, after awarding the personal judgment, continuing:

“That execution issue forthwith for the collection of said judgment and costs as provided by law.”

And then providing that if said judgment be not paid in ten days an order of sale of the mortgaged premises…