Scottish American Mortgage Co. v. Stone

In this action, the plaintiff foreclosed a real estate mortgage against the defendants, caused the property to be sold; and, the year for redemption having expired, the sheriff’s deed was made to the purchaser, who was the plaintiff. Later the plaintiff asked for, and received from the court a writ of mandate to the sheriff, requiring him to put the plaintiff in possession of the purchased property. Hazelton Stone, one of .the defendants named in the action, and who was in possession of the land, filed a motion asking the court to vacate the decree of foreclosure, for the reason that he had…