Pecaravich v. Gilmore

JENNINGS, District Judge.

The purchaser at an execution sale moves for confirmation of sale. Koel has filed objections to the confirmation of the sale, alleging (1) that the execution was issued at a date more than five years after the judgment, which judgment had never been revived; (2) that he (Koel) is in possession of the property, and is the successor in interest of a purchaser under foreclosure sale of a “second” mortgage given by judgment debtor; (3) that even he (Koel) holds subject to a prior “first” mortgage.

At common law no confirmation of a sale on a legal execution was necessary,…