Hamer v. McKinley-Lanning Loan & Trust Co.

Irvine, C.

This is a proceeding in error to review an order confirming a foreclosure sale. The defendants, before the sale, filed a motion to vacate the appraisement, alleging, among other things, that certain persons had conspired together and with the appraisers to bring about an unduly low appraisement. An application was made for a hearing of this motion on oral evidence, to be adduced before the court or a referee to be appointed for that purpose. This motion was overruled and the action of the court in that behalf is the ground of the most important assignment of error. Since the…