203 N.W. 212 | Minn. | 1925
Defendant does not question the regularity or validity of the foreclosure proceedings, nor ask to have the sale set aside, but rests his case on the claim that he was entitled to show, as a defense to the action, that the value of the property exceeded the *470
amount of the note. He relies largely on Lowell v. North,
In the present case the sale was made by the sheriff at public auction as required by statute. There is no claim that the sale was not fairly conducted, nor that plaintiff did anything to prevent or discourage bidding by others, nor that any higher bid could have been obtained. None of the elements constituting unfairness or bad faith as defined in Lalor v. McCarthy,
Defendant seems to claim that although inadequacy of price is no ground for attacking the sale, yet it may be interposed as a defense to an action for the balance due on the note. We are not advised of any authority so holding in such a case as this. After applying the proceeds of the sale on the note, plaintiff had the right to enforce payment of the remainder of the debt by suit. 19 R.C.L. 665.
Judgment affirmed. *471