Townsend v. Johnson

The opinion of the court was delivered by

Schoonover, J.:

Plaintiff in error Townsend brought an action in the district court of Reno county to foreclose a mortgage.

Judgment was rendered in his favor for $921.41 and costs of suit, and it was also decreed that after six months the lands described in the mortgage should be sold to satisfy the judgment. At the expiration of six months an order of sale was issued. The order recited the full judgment of $921.41, and under it the land was sold to Townsend for $600.

A short time afterward, defendants in error, defendants below, filed a motion to set…