Hewitt v. Dean

Motion on behalf of the appellants to set aside a sale of property made under the judgment at the instance of the respondent.

The court below rendered judgment in favor of the plaintiff and against the defendants for the sum of $3,149.60, the amount of the promissory note sued on, and $300 attorney’s fees, and directed that the lands mortgaged to secure the same be sold by the sheriff. From this judgment the defendants appealed to this court, but did not file an undertaking staying proceedings upon the judgment appealed from. After the appeal was taken, the plaintiff caused an order of sale to…