Moore v. Boyer

Ryan, C.

There was a decree of foreclosure in this case in the district court of Dawes county, followed in due time by a request for stay. Before the expiration of the period of stay fixed by statute the full amount of the judgment, interest, and costs were paid to the clerk of said district court. The payment noted was never credited on the judgment of foreclosure, but the clerk absconded without having paid the amount received for plaintiff. When the *447period of stay expired tbe order of sale was placed in the hands of the sheriff, by whom the lands described in the decree were advertised and…