Carpenter v. . Carpenter

Do the terms of the consent judgment of 23 March, 1934, establish the relation of mortgagors and mortgagees between the plaintiffs and defendants, R. E. O’Briant and wife, purchasers at the mortgage foreclosure sale? This question is determinative of the case on appeal. The court below answered “No.” With this we agree.

“A judgment or decree entered by consent is not the judgment or decree of the court so much as the judgment or decree of the parties, entered upon its record with the sanction and permission of the court, and being the judgment of the parties it cannot be set aside or entered…