BERKE v. HOME OWNERS' LOAN CORP.

BERKE v. HOME OWNERS' LOAN CORP.
1943 OK 38
134 P.2d 349
192 Okla. 127
Case Number: 30569
Decided: 02/09/1943
Supreme Court of Oklahoma

BERKE
v.
HOME OWNERS' LOAN CORPORATION

Syllabus

¶0 1. MORTGAGES--Mere inadequacy of price at foreclosure sale insufficient ground for vacating order of confirmation.
Mere inadequacy of purchase price at a sheriff's sale of real property under foreclosure is ordinarily insufficient to warrant vacation of the order of confirmation.
2. SAME--Foreclosure sale not set aside for irregularity unless injury to movant's rights shown.
The court will not set aside a foreclosure sale for an irregularity consisting of offering and selling the property in a mode different from that prescribed in the decree unless the party applying to have the same set aside shows some real or substantial injury to his rights.

Appeal from District Court, Oklahoma County; Sam Hooker, Judge.

Action by Home Owners' Loan Corporation against Maybelle Billee Berke and others. Defendant Berke appeals from an order denying motion to vacate order confirming sheriff's sale. Affirmed.

Owen F. Renegar and V. E. Stinchcomb, both of Oklahoma City, for plaintiff in error.
A. M. Frazier and Ernest B. Lykins, both of Dallas, Tex., for defendant in error.

GIBSON, V. C. J.

¶1 This is an appeal by the judgment debtor from an order denying motion to vacate order confirming sheriff's sale of real property under foreclosure.

¶2 This is a companion case to Berke v. Home Owners' Loan Corporation, No. 30568, this day decided, 192 Okla. 124, 134 P.2d 346, and, as plaintiff in error says, the facts from a legal standpoint are identical in the two cases. The law as stated in that case is applied here, and the judgment appealed from is affirmed.

¶3 CORN, C. J., and RILEY, OSBORN, BAYLESS, WELCH. HURST. and DAVISON, JJ., concur. ARNOLD, J., absent.