State ex rel. Hadley v. Clapp

The appellee held two mortgages executed by the relator upon .an eighty-acre tract of land. Both mortgages were foreclosed at the same time;, but there was a separate judgment rendered against the relator for the amount due the appellee in each case. For some unexplained reason, the appellee first *243sued out an order of sale under his junior decree. At this sale he bid in the land for the amount of his junior judgment and costs, paying the costs to the sheriff and receipting for the amount of his debt. Thereupon the sheriff delivered to the appellee a certificate of sale. Afterwards the…