Brovender v. Williams

In an action to foreclose a mortgage on real property, judgment of foreclosure and sale was granted and signed. One of the co-owners of the mortgaged premises, defendant James Williams, died on the next day. The judgment was entered three days after the death. Thereafter a sale was held as directed by the judgment, and the premises were sold and conveyed to the mortgagee, respondent herein. A motion was made by the widow of defendant Williams on her own behalf and by her on behalf of his surviving children to vacate the sale, to vacate the judgment, to permit the aforesaid persons, two of…