Denmark v. Avinger

(after stating the facts as above). Error is predicated upon the court’s conclusion of law in the third paragraph to the effect that the appellee was entitled to have a foreclosure of the vendor’s lien and to have sale made of the 20% acres of land to pay off and satisfy the full amount due and owing him on the notes executed by Lee Denmark, “including the amount of the barred note.’'' The point made is that appellee, as a pledgee; has not the legal right to have the proceeds of the sale of the collateral applied to the satisfaction of “the amount of the barred note” of the original debt;…