Federal Land Bank of Columbia v. Korner, 204 N.C. 791 (1933)

April 12, 1933 · Supreme Court of North Carolina
204 N.C. 791

THE FEDERAL LAND BANK OF COLUMBIA v. ANNIE A. KORNER et al.

(Filed 12 April, 1933.)

Appeal by certain of tbe defendants from Sink, J., at February Term, 1933, of Eoesyth.

Affirmed.

Tbis is an action for judgment on a note and for tbe foreclosure of a mortgage executed by tbe defendants to secure tbe payment of tbe note.

After judgment by default on tbe note rendered by tbe clerk of tbe Superior Court, it was ordered and decreed that tbe land described in tbe mortgage be sold to satisfy tbe judgment. Tbe land was sold by a commissioner appointed by tbe court for that purpose. Upon tbe report of tbe sale, tbe same was confirmed by tbe clerk of tbe Superior Court.

Tbe action was thereafter beard by tbe clerk on tbe motion of certain defendants that tbe order of confirmation, tbe -decree of sale, and the *792judgment be set aside and vacated upon the grounds stated in tbe motion which was in writing. The motion was denied, and the defendants appealed to the judge of the Superior Court of Forsyth County.

From judgment affirming the order of the clerk, the defendants appealed to the Supreme Court.

Ingle & Ruclcer for plaintiff.

Charles T. Ross for defendants.

Per Cueiam.

The facts found by the judge and set out in the judgment, are sufficient to support the judgment affirming the order of the clerk. Conceding without deciding that there were irregularities appearing on the record, they are not sufficient to entitle the defendants to the relief sought by their motion as a matter of law. The judgment is

Affirmed.