Wallace v. Clements

This is a suit in equity to foreclose a mortgage on a tract of land in Cuming county. The district court found the amount due on the mortgage to be $12,076 and entered a decree of foreclosure April 8, 1931. Under an order of sale issued February 10, 1932, the sheriff sold the mortgaged land to Clarence Wallace, plaintiff, for $12,000. Over objections of defendants, the district court confirmed the sheriff’s sale March 25, 1932. Defendants appealed from the confirmation.

A reversal is sought on the ground that the decree of foreclosure and the sale thereunder are void, because the decree was…