First National Bank & Trust Co. of Elmira v. Jones

Appeal by the representatives of deceased mortgagors defendants in a mortgage foreclosure from the order confirming the sale of the mortgaged premises and fixing the amount of the deficiency judgment. The amount of the judgment of foreclosure was $13,464.01. On the motion to fix the deficiency judgment, the court found the market value of the property to be $12,000, and granted a deficiency judgment for the difference between that sum and the amount of the judgment, plus interest.

The appellants present three points: (1) The receiver of the rents and profits had in his hands $155 net, which…