State ex rel. Steele v. Northwestern & Pacific Hypotheek Bank

The opinion of the court was delivered by

Gordon, J.

The sole question to be determined in this case is whether the purchaser of mortgaged premises at a foreclosure sale is entitled to he let into possession prior to the confirmation of such sale. The question has been fully argued not only in this case hut in Vermont Loan & Trust Co. v. Taylor, and Chase v. Morford, also heard at this term.

■ Undoubtedly it was the settled rule in chancery practice that a purchaser at a judicial sale was, prior to confirmation, considered merely as a preferred bidder; the court was considered the vendor and…