Funk v. Payne

This is an appeal from an order confirming sheriff’s sale after foreclosure of a real estate mortgage. The statement of the proceedings is incomplete and the record of the proceedings is not abstracted as required by rule 15 of this court. By reference to the record itself it is found that the sale was confirmed over the objection of the plaintiffs in error, who were defendants below, on February 26, 1937.

The plaintiffs in error present two assignments of error. The first is that the court erred in not granting the defendants a jury trial. This court has many times held that the only question…