Farmers & Bankers Life Insurance v. Brown

The opinion of the court was delivered by

Johnston, C. J.:

In this case the court refused to confirm a sale of property levied on and sold conformable to law at an execution sale. A mortgage had been made to secure the payment of the notes, but the plaintiff for some reason did not foreclose the mort*459gage, and the property sold was not that described in the mortgage. The plaintiff, the Farmers & Bankers Life Insurance Company, brought an action on three notes to recover the amount due with the interest thereon amounting to $1,246.99. There was personal service upon defendant, but judgment was…