Elston v. Hix

This action was instituted to foreclose a mortgage upon real estate situated in Fergus county. After the defendants answered, a stipulation was entered into between the parties under which the answer was withdrawn and plaintiff was authorized to make the necessary proof, secure a judgment, and “have a sale of said property.” The default of the defendants was entered and proof submitted. The decree which followed is in the usual form, except that it directs that the property “be sold together, as the same cannot be sold in separate parcels without material injury to the plaintiff in said…