Damascus Milk Co. v. Morriss

Plaintiff, Damascus, foreclosed its mortgage and obtained a judgment lien in the amount of $5,000 plus interest, costs and attorney fees against defendant, Morriss, on October 4, 1966. At a sheriff’s sale, conducted on November 25, 1966, pursuant to special execution, plaintiff purchased the property with a bid of $2,000, leaving a deficiency of approximately $3,900. The sale was duly confirmed on December 19,1966.

Prior to sale, Morriss had filed a declaration of homestead, claiming the property in issue.

On October 6, 1967, Morriss redeemed the property with funds supplied by Hibbard,…