Aycock v. Harriman

This is an appeal by plaintiff, the purchaser of mortgaged property sold under a special execution and order of sale issued in the foreclosure proceeding, in which he was the judgment creditor, from an order confirming the sale upon condition that plaintiff release his deficiency judgment. Defendants cross-appeal from the refusal of the trial court to consider, on their objections to confirmation, damages sustained by them by the premature levy of a general execution upon their property to satisfy plaintiff’s judgment prior to the sale of the property covered by the mortgage, which is…