Karel v. Davis

The opinion of the court was delivered by

Heher, J.

Defendant is the obligor on the bond secured by the mortgage under foreclosure. He complains of an order refusing, upon the ground of mistake, confirmation of the sheriff’s sale of the mortgage lands to complainant mortgagee, based upon an unauthorized bid of $3,100, offered in her behalf by her solicitor’s clerk, and directing a resale of the lands. Relying, apparently, upon the security of defendant’s bond, she had instructed her solicitor, so the vice-chancellor found from the proofs, to bid not more than $100 for the property, but he, due…