Fagerstrom v. Keller

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment requiring a sheriff to amend his return of an order of sale of real estate in foreclosure and confirming that sale according to the sheriff’s return as amended.

The salient facts were these: The defendant Ray Keller was the owner of forty acres of Jackson county land covered by a first mortgage held by the plaintiff Mrs. Fagerstrom, and by a second mortgage held by the Delia State Bank, and incumbered also by a third *387lien based on a judgment in favor of the Fidelity Savings State Bank.

Mrs. Fagerstrom brought…