Scott v. Hurley

In an action to foreclose a mortgage upon real estate, the appellant, the appellees, and other persons claiming lien or interest therein were made parties defendant and duly served with process. Failing to answer, default was entered against them, and under a decree of foreclosure made in the case the mortgaged premises were sold for an amount which was $2,510.03 in excess of the plaintiff’s claim. This surplus was paid into court hy the sheriff, whereupon the appellee P. T. Hurley filed an application in said action for *86an order directing the payment to him of said surplus, claiming to he…