Fleming v. Boulevard Highlands Improvement Co.

The improvement company, asserting title under the foreclosure of a mortgage, filed a hill to remove a cloud formed by the record of a certificate of purchase given by the sheriff in a sale under an execution issued on a judgment in favor of Fleming foreclosing an alleged mechanic’s lien.

The facts will be taken as found by the court regardless of what the record may show because other than what is contained in the record entry no exception to the judgment is exhibited. The appellant probably will not uselessly complain of this because he has practically rested his appeal on one 'proposition.…