Edwards v. Fitzhugh

Citations

• 18 N.M. 424
• 137 P. 582

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. A’s property was sold under foreclosure judgment, to satisfy the mortgages of B Senior and C Junior mortgages; C at the sale bid in the property for the sum pf the mortgage debts, interest, and costs as shown by the judgment. After the sale B discovered that he had been overpaid. Such overpayment was caused by an erroneous calculation of hr erest B paid the excess into court. Held that as long, as the judgment remained in force, the sum paid by B into court is not a surplus of the foreclosure sale, remaining after the mortgage debts were satisfied, and as such the property of A as mortgagor and owner of the equity of redemption.</p> <p>P. 426</p> <p>2. Where the appellant has no interest in a sum of money, an assignment of error that the trial court erred in its • disposition of such sum, will not be considered on appeal.</p> <p>P. 426</p>