Vybiral v. Schildhauer

This is an appeal by one of the defendants from a decree and order confirming a foreclosure sale. A very brief statement of the facts will be helpful before the law points involved are discussed.

Plaintiff filed a petition for foreclosure on January 2, 1933, on note and mortgage for $8,500, dated March 13, 1926. The answer and cross-petition presented an issue as to damages growing out of an allegation in the petition that defendants were committing waste by removing growing *115timber from the ranch. This issue was tried to a jury, which found against the defendants.

Decree of foreclosure was…