Kueker v. Murphy

The opinion of the court was delivered by

Johnston, C. J.:

w. H. Kueker and wife were, in February, 1905, the legal owners of the land in controversy, and at that time they executed a mortgage thereon in the sum' of $650 to secure the payment of a promissory note to Daniel Murphy and wife, the appellants in the case. There was a default in the payment of the note, and on April 7, 1908, Murphy secured a judgment for $773.43 and the foreclosure.of the mortgage, and, later, in a sale, Murphy bid in the property at $200, the highest and best bid offered. The court, in. *333the order of sale, allowed a…