Roy v. Matheson

DRIVER, B. J., Associate Judge.

The issue presented by this appeal is whether lands sold pursuant to a judgment of foreclosure but redeemed by defendant mortgagors prior to vesting of title in the buyer at Clerk’s sale by filing of Clerk’s Deed remains subject to a general judgment lien which encumbered the property before foreclosure proceedings.

Appellants, Eva M. Roy and Rick A. Roy, were on November 5, 1964, the owners of a tract of land which is the subject of these proceedings, and on said date mortgaged the land. Appellee, Marian Matheson, on August 15, 1967, was granted a Final Summary…