Duke v. Daniels

NEARN, Presiding Judge, Western Section.

The plaintiff filed suit against the defendants seeking judgment for the deficiency balance remaining on a note after a foreclosure sale on real property which secured same. The Chancellor, after a bench trial, found that the value of the real property, which was bid in by the plaintiff at the foreclosure sale, met or exceeded the balance due on the note and therefore dismissed the complaint. Plaintiff appeals.

The issue on appeal is whether the Chancellor erred in his consideration of the proof.

The nature of the pleadings should be considered.

The…