32 Ind. 380 | Ind. | 1869
This was a motion by Mills to set aside a sheriff’s sale of real estate to Langsdale. The facts were, that Gay had brought a suit to foreclose a mortgage on lauds, made by one Bond to Langsdale, to secure four promissory notes, one of which had been paid. The second note maturing, for five thousand six hundred dollars, was held by Gay, and the remaining two, each for a like sum, were still held by Langsdale, and were not due when judgment was rendered in the cause. Langsdale had filed a cross complaint, also seeking a foreclosure as to the notes held by him. Mills had purchased a part of the lands, subject to the mortgage. There was a final judgment for Gay for four thousand one hundred and thirty-six dollars and forty-three cents, and a decree for the sale, in parcels, of the mortgaged premises, to satisfy the same; and that “ if the proceeds of the sale of any such part or parts of said
We think that the action of the court below was correct As we understand the decree of foreclosure, there could, under it, be no sale to satisfy the notes held by Langsdale until after Gay’s judgment was satisfied. The question is not what that decree ought to have been, but what it is. While it remains in its present form, any sale made under it, not authorized by its terms, cannot stand.
Affirmed, with costs.