Pratt v. Rice
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. It appears' that a judgment and decree of foreclosure were rendered in this action on March 19th, 1866, for $4,000 principal, $1,882.66 interest, accruing interest and costs.
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Appeal from the District Court of the Second Judicial District, Ormsby County. It appears' that a judgment and decree of foreclosure were rendered in this action on March 19th, 1866, for $4,000 principal, $1,882.66 interest, accruing interest and costs. An order of sale was issued, and in September, 1866, the mortgaged property was sold for $50. On March 6th, 1871, upon ex parte application of plaintiff, the following order was entered: “ Upon filing the motion of A. C. Ellis, Esq., attorney for plaintiff, and the affidavit of Thomas J. Edwards, it is upon the motion of A. O. Ellis, Esq.,…
1Opinion of the Court
By the Court,
Whitman, J.:
On the nineteenth of March, 1866, a decree of foreclosure was rendered in the district court against appellants, who had duly ap*126peared, and in favor of respondent. Upon the order of sale issued in the case, no return was made.
On the sixth of April, 1871, ex parte application was made upon affidavit and certain entries upon the clerk’s docket, for the docketing of a judgment nunc pro tunc against appellants. Upon this motion it became necessary for the court to hear and decide several questions of fact. The order prayed was granted.
Upon the twelfth of April, 1871,…
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