Harris v. American Bank & Trust Co.

The question involved: Where a mortgagor placed an advance bid on property under trustee’s sale and makes deposit, as required by the clerk, and the property is readvertised and bid in by the mortgagor at the advanced bid, the mortgagor not complying with tbe terms of sale, it is ordered resold by tbe clerk, and at tbe last resale brings $500 more than tbe advanced bid made by mortgagor, leaving $405.25 more to be applied to tbe creditors’ notes secured by third deed in trust, does tbe mortgagor lose tbe money be deposited in court for tbe advance bid? We think not.

The' controversy again…