Arnold v. Hawley

In a mortgage foreclosure action, after decree, expiration of stay, sale of the mortgaged premises and confirmation thereof, a deficiency judgment was entered against the defendants. From the entry of the latter judgment, defendants have appealed.

Defendants contend that the trial court was without jurisdiction to enter a deficiency judgment in the foreclosure action, and base this contention upon section 20-2141, Comp. St. Supp. 1933, which reads: “When a petition shall be filed for the satisfaction of a mortgage, the court shall have the power only to decree and conv pel the delivery of the…