Perpetual Building & Loan Ass'n v. Braun

(dissenting) :

The complaint in this action sought foreclosure of the mortgage, sale of the premises, appointment of a receiver *344and such other relief as might be just and proper. There was no prayer for a personal judgment or for a deficiency judgment, and none was granted or provided for in the final decree of foreclosure. Instead, the decree required the successful bidder to comply with his bid within ten (10) days after the sale.

Although, as stated in the majority opinion, the bidding remained open for thirty days, such was not done under the foreclosure decree, but contrary to its specific…