Johnston v. Craig

This proceeding in error brings up for review an order of the district court for Kearney county confirming a sale of real estate made in execution of a decree of foreclosure. The decree not only directed a sale of the mortgaged property, but fixed the liability of Johnston for any deficiency that might remain after the proper application of the proceeds of the sale. This decree was rendered on May 17,1895, and within twenty days thereafter John*99ston filed witli the clerk of the court a written request for a stay of the order of sale. About the same time he executed to the plaintiff a bond for…