Williston Savings and Loan Asso. v. Kellar

There is no factual dispute in this case and we outline events chronologically.

It is stipulated: that the defendants had been the owners of a home in Williston; they were in debt to the plaintiff and mortgaged the real property to secure the indebtedness; on July 5, 1932 the mortgage was foreclosed and the property bought in by the plaintiff for $1536.03; the defendants did not redeem; on July 5, 1933 the plaintiff received a sheriff’s deed to the property, incurring further expenses in the sum of $4.00; but the plaintiff permitted the defendants to remain on the premises from that time on…