Hand v. Keller

Quillian, Chief Judge.

Hand brought this action against defendant Keller to set aside a foreclosure sale or in the alternative for an accounting of the receipts thereof. A few weeks later a hearing was held at which the defendants’ filed their answer and a motion to dismiss the complaint for failure to state a claim upon which relief could be granted. At the hearing the motion to dismiss was not acted upon as the parties agreed that the case would be removed from the calendar and would be submitted to the court on a stipulation of facts and briefs. Four months later no such stipulation or…