Equitable Life Assurance Society of the United States v. Shearer

The opinion of the court was delivered by

Hutchison, J.:

This was a foreclosure action in which a personal judgment was rendered and the property was sold to' the plaintiff at sheriff’s sale for less than the full amount of principal, interest, taxes and costs. More than a year after the sheriff’s sale was confirmed the defendants moved the trial court to set aside the deficiency judgment because the same was wrongfully and unlawfully obtained in that no evidence was presented to the trial court that the property was of less value than the full amount of the judgment and because the market…