Smith v. Stewart

November 1, 1916, John and Ida Stewart sold certain premises on land contract to Jonathan A. Zahn for $15,000, with down payment of $2,500 in cash, note and security. Zahn became in default on the contract, and on June 1, 1920, the Stewarts had decree of foreclosure in chancery, which provided for sale of the premises and redemption period of six months after sale. No sale was made under the decree. Charles E. and Alice M. Fales were named as defendants in the decree, but the reason did not appear, as the chancery proceedings were not made a part of the record in this court, although they…