First National Bank v. Barons

The opinion of the court was delivered by

West, J.:

After, prolonged litigation the defendant, Lucy A. James, to enforce her trust deed, procured an order of sale in accordance with the decree of the court, asking in the praecipe that the property be sold with appraisement. The decree did not require appraisement and the clerk refused to issue the order prepared by counsel requiring it, and issued one with no mention of an appraisement. One of the mortgages foreclosed in the same-suit contained a waiver of appraisement, and the other a waiver, or not, at the option of the mortgagee. These…