Cole v. Willard

From an order confirming the sale of real property made in a foreclosure action the defendants prosecute error. The objection to the confirmation of sale was also presented in a motion to vacate and set aside the appraisement, and is “that said appraisement on which sale is made is inadequate and fraudulent, and is so low as to be presumptively fraudulent.” The only evidence in support of the objection consists of the affidavits of five persons, whose opinion of the value of the real estate sold was from $4,000 to $4,800, the average value being $4,240. The appraisers found the value of the…