Farmers Life Insurance v. Stegink

The opinion of the court was delivered by

Dawson, J.:

-, This appeal presents a question touching the authority of a district court to set aside a sheriff’s sale of land which had been subjected to foreclosure.

The plaintiff was the mortgagee in possession of a quarter section of Hodgeman county land. The appellant, Parvin, was a tenant holding under the plaintiff. The mortgagor is not before this court.

When foreclosure was decreed and sale ordered, the attorney for the plaintiff mailed to the clerk of the court a praecipe for an order of sale, together with a suitable form of order of sale, a…