Big Bay Realty Co. v. Rosenberg

The following opinion was filed April 2, 1935 :

Rosenberry, C. J.

The sole question presented upon this appeal is whether or not the court was in error in denying a deficiency judgment under the circumstances of this case. We are cited to no authority, nor do we find any either in the case of the foreclosure of land contracts or the foreclosure of mortgages upon the basis of which a court of equity, having decreed and adjudged that the plaintiff is entitled to a deficiency judgment, may thereafter confirm the sale and deny a judgment for deficiency.

Defendant sefeks to sustain the order upon the…