Dennis v. Moses

The opinion of the court was delivered by

Scott, C. J.

This action was brought to foreclose a real estate mortgage given to secure a note for $1,500 bearing interest at the rate of six per cent, per annum. The mortgage contained stipulations on the part of the mortgagor waiving all benefits under, and the provisions of, sectons 3 to 10 inclusive, of the act relating to sales of property under execution (Laws 1897, p. 70), and provided that in case of foreclosure the land might be sold forthwith as lands are sold on execution to the highest bidder without ap*556praisement, and without waiting one…