Holmes v. Bowen

This was instituted as an ordinary action to foreclose a mortgage upon real estate. The mortgagor and the county treasurer were the original defendants. It proceeded in the usual manner and a decree in foreclosure was entered on February 16, 1934. The mortgagor not having paid the amount found due, an order of sale was issued, which was returned on April 7, 1934, showing that the plaintiff had purchased the property. No order confirming the sale was entered then or since.

Nothing further was done in the case until April 5, 1937, when the plaintiff moved that the successor county treasurer, the…