Liberty Savings & Loan Ass'n v. Hanson

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment overruling plaintiff’s motion to confirm a foreclosure sale.

The controlling facts were these: Plaintiff held a mortgage on a town lot in Independence to secure an indebtedness owed by defendants Amandus Hanson and wife, as evidenced by their promissory note. The other defendants had executed their written guarantee that the indebtedness would be promptly paid in full.

The principal debtors made default, and foreclosure proceedings were instituted and proceeded to judgment. On order of sale, the sheriff sold…