Home Finance Corp. v. Ponder

WELCH, Justice.

The real estate mortgage on which this action was commenced was executed by Rosa Wesley and Leon E. Wesley. It appears that Leon E. Wesley had died so the persons named as defendants were Rosa Wesley and the heirs of Leon E. Wesley.

Pursuant to a judgment on the note and for foreclosure of mortgage and the order of sale, sale was had of the real estate, and the proceeds of the sale were ordered paid (1) to costs, (2) to plaintiff’s judgment with 'interest and attorney’s fees, and (3) to hold the residue. After proper motion to confirm sale, the trial court entered an order…