Dicianni v. Wrong

The action is to foreclose a real estate second mortgage.

In the deficiency judgment, entered pursuant to an order confirming the supplemental report of the referee to sell, four items are contested by appellant:

Item I. The judgment directed the referee to pay taxes. The affidavits in the record convince us that under the direction of plaintiff the referee sold subject to taxes, which were paid before the filing of the referee’s final report. Inasmuch as the variation from the terms of the judgment was made by the referee under plaintiff’s direction, and was against his interest, the action of…