Federal Land Bank of Wichita, Kan. v. Jungbluth

New Mexico Supreme Court

Federal Land Bank of Wichita, Kan. v. Jungbluth

58 P.2d 1203, 40 N.M. 298

CourtNew Mexico Supreme Court

DecidedMay 27, 1936

DocketNo. 4207.

StatusPublished

Cited by1 cases

This text of 58 P.2d 1203 (Federal Land Bank of Wichita, Kan. v. Jungbluth) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Federal Land Bank of Wichita, Kan. v. Jungbluth, 58 P.2d 1203, 40 N.M. 298 (N.M. 1936).

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Opinion

ZINN, Justice.

The appellant herein asked for a deficiency judgment in a foreclosure suit on a note and mortgage executed by appel-lees. The final judgment and decree was entered when appellees failed to appear or plead to the foreclosure suit brought by appellant. The judgment was for $8,322.81, with interest, and was in all respects regularly entered. It provided for a personal and deficiency judgment after the application of the proceeds from the sale of the mortgaged land. The sale was regularly advertised by the special master designated for that purpose. The land sold for $6,-500, leaving a deficiency in the sum of $2,151.25, which amount the trial court refused to allow. From this order of disal-lowance, this appeal is prosecuted.

Without any evidence in the record to support the action of the trial court, the disallowance was arbitrary. Nothing more need be added to this opinion.

For the reasons given, the cause will be remanded to the district court, with directions to confirm the report of the special master and to allow a deficiency and personal judgment against the appellees here, the defendants below, in the sum of $2,-151.25 as shown by said report.

It is so ordered.

HUDSPETH and BRICE, JJ., concur. SADLER, C. J., and BICKLEY, J., did not participate.

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ZINN, Justice.

The appellant herein asked for a deficiency judgment in a foreclosure suit on a note and mortgage executed by appel-lees. The final judgment and decree was entered when appellees failed to appear or plead to the foreclosure suit brought by appellant. The judgment was for $8,322.81, with interest, and was in all respects regularly entered. It provided for a personal and deficiency judgment after the application of the proceeds from the sale of the mortgaged land. The sale was regularly advertised by the special master designated for that purpose. The land sold for $6,-500, leaving a deficiency in the sum of $2,151.25, which amount the trial court refused to allow. From this order of disal-lowance, this appeal is prosecuted.

Without any evidence in the record to support the action of the trial court, the disallowance was arbitrary. Nothing more need be added to this opinion.

For the reasons given, the cause will be remanded to the district court, with directions to confirm the report of the special master and to allow a deficiency and personal judgment against the appellees here, the defendants below, in the sum of $2,-151.25 as shown by said report.

It is so ordered.

HUDSPETH and BRICE, JJ., concur. SADLER, C. J., and BICKLEY, J., did not participate.

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58 P.2d 1203, 40 N.M. 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-land-bank-of-wichita-kan-v-jungbluth-nm-1936.

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