18 N.M. 424 | N.M. | 1913
OPINION OF THE COURT.
Although the appellee asked that the judgment be set aside and corrected, this was not done and the judgment remains in full force and effect. The judgment is con-, elusive as to the amount of the mortgage debts. As far as the record shows, the property was sold for less than the amount of the mortgage debts,-interest, attorney’s fees and costs. Therefore there is no surplus. Such being the foundation of apjtellant’s claim to the fund in- controversy, the court did not err in denying it.
The judgment of the lower court is affirmed.