McKinley-Lanning Loan & Trust Co. v. Hamer

Irvine, C.

This is an appeal from an order confirming a foreclosure sale. The first reason urged for setting aside the sale is that the decree finds the debt to be due from Francis G-. Hamer alone, while the order of sale recites that it is due from Hamer and two other defendants. It is argned that this would mislead purchasers, inducing them to believe that as there were three debtors the chances of appeal would be three times as great as if there were one. It has often been said that the decree in such matter governs. Indeed the order of sale need not be issued. It confers no additional…