Herbage v. Ferree

Duffie, C.

The defendants have appealed from an order confirming a sale made under a decree of foreclosure. The principal objection made to the confirmation, and the only one urged in this court, is the following: “For the reason that no execution or order of sale has been issued on said judgment or decree for more than five years last past.” The appellants insist that a decree of foreclosure becomes dormant if no steps are taken to enforce it for five years after its rendition, and that in this respect it is like a judgment at law. We can not concur in this view. The supreme court of Ohio, in…