Alexander v. Stack

Appellants filed a complaint in which they alleged that in 1909 their ancestor, who then owned two lots in Smith’s Addition to the city of Brinkley, mortgaged the lots to J. H. Stack, and that this mortgage was foreclosed under the power of sale incorporated therein. At this sale one Loeb became the purchaser, and he later conveyed the lots to Stack. Appellants brought suit to cancel these deeds, and in October, 1923, a decree was rendered which granted that relief. This decree recited that, while the foreclosure under the power of sale was void, a balance of $135 and interest was due Stack.…