Forest Hill Cemetery Ass'n v. Sullivan

This action, which was brought to foreclose a mortgage upon real property, proceeded to judgment and sale without question or objection. The sale was had on January 10, 1931, and the property was bid in by Fred Sahle, the appellant, for the sum of $2,633.54. Ten per cent of the purchase price was paid by the purchaser. Nothing further was done until the middle of March when, at the request of plaintiff’s attorney, Mr. Sahle paid to the referee the balance of the purchase price, and received his deed.

Subsequently plaintiff moved to confirm the referee’s report of sale. This motion was opposed,…