Smith v. . Frazier

Eairoloth, C. J.:

The object of this action was to foreclose a bond for title to land purchased by the defendants, and for a judgment in favor of the plaintiff for the balance of the purchase-money. At July Term, 1895, the cause was tried, and the plaintiff recovered judgment and the land was ordered to be sold by two commissioners then appointed, with a further order that the proceeds be applied first to the cost and expenses of the sale, including five per cent, commissions on the sale, and the balance in payment of the judgment. Accordingly, the commissioners advertised to sell the land,…