Globe Loan & Trust Co. v. Wood
Globe Loan & Trust Co. v. Wood
Opinion of the Court
An appeal has been perfected herein from an order of confirmation of a sale of real estate made pursuant to a decree of foreclosure of a mortgage. Objections were made to the appraisal, also the confirmation of the sale. On hearing, the objections were overruled and a motion to confirm the sale was sustained and the order appealed from was entered. One objection interposed to the appraisal was that no certificates of the proper officers in regard to the liens which were deducted as incumbrances were obtained a'nd filed as required by law. Section J91tZ of the Code of Civil Procedure provides: βThe officer holding such appraisement shall forthwith deposit a copy thereof, including his application to the officers enumerated in section three of this act, and their official certificates as in said section provided, in the office of the clerk of the court from which such execution issued.β
There were other objections to the appraisal, and to confirmation of the sale presented in the district court which are argued here, but Ave do not deem their discussion essential at this time. For the i*eason indicated herein the order of confirmation is reversed and the cause remanded. The sale should be vacated.
Reversed and remanded.
Reference
- Full Case Name
- Globe Loan & Trust Company v. Orlando S. Wood
- Status
- Published