Engbrock v. Haidusek

On Engbrock’s Motion for Rehearing.

Engbrock challenges our finding that “he offered no proof of what, if anything, he actually paid in consideration of his execution deed, or of what, if any, credit was made therefor upon the judgment.”

Engbrock occupied the position of a plaintiff in his cross-action seeking to subject the property to his claim under the theory of subrogation. It was therefore essential for him both to allege and prove the amount he paid at the execution sale. He did allege that he paid $300.

The following constitutes the entire record showing regarding the proof upon this…