119 Ark. 235 | Ark. | 1915
This is an appeal from an order of the chancery court confirming a commissioner’s sale of lands made under a decree foreclosing a mortgage. The facts are as follows:
On January 31, 1913, Martin Smith and Caroline Smith executed a note to the First National Bank of DeWitt for $1,218.65, due sixty days after date, and the same was secured ¡by a ¡mortgage on real estate. On December 18,1913, the bank instituted an action in the 'chancery court to foreclose the mortgage and recover judgment on the note. On February 4, 1914, judgment was rendered in favor of the bank on the note .and a decree ordering the mortgage foreclosed was entered of .record. The land was sold by a commissioner appointed by the court pursuant to the directions of the decree, on March 28, 1914. The bank was the highest bidder at the sale and having bid the sum of $1,000 was declared the purchaser. On the 28th day of March, 1914, an execution was issued and' levied >on other lands of Martin Smith to ¡satisfy the balance of the judgment. The lands levied upon were sold under execution sale May 14, 1914, and the Henry Wrape Company became the purchaser thereof at .said sale. The commissioner appointed to sell the lands under the decree of foreclosure made his report of the sale and Martin Smith filed his exceptions thereto in September, 1914. The court heard the report of the commissioner and the exceptions thereto and overruled the exceptions and confirmed the report. The defendant Smith excepted to the ruling of the court and prayed an appeal to the ¡Supreme -Court, which was -granted. On March 24,1915, the defendant Smith filed a transcript in said cause in this court and .an appeal was granted by the clerk.
It devolved upon Smith to prove the matter contained and .alleged in this exception, but the record does not show that any proof whatever was offered in support of this exception, and the exception, as prepared and filed in court, was not even verified by him. Therefore, the judgment of the court overruling his. exception is presumed to be correct.
It follows that the order of confirmation of the sale of land made by the commissioner will be affirmed.