Lindemann

This is an appeal from a deficiency judgment entered by the clerk after a purported sale of real property, by a commissioner, in an action for foreclosure of a mortgage on real estate. The mortgage in question had been given to secure a note for $3,800, and the deficiency judgment, subsequently docketed, was for $3,295.17. The decree of foreclosure, among other things, provided:

The commissioner named in the decree filed his oath as such commissioner and on the same day filed a purported undertaking in the sum of $500, executed by himself as principal with two sureties. Neither on the bond so filed nor anywhere else in the record does there appear any approval of the bond by the court or by the judge thereof. An order of sale having been issued, and the commissioner’s report and account of sale filed, the clerk entered a deficiency judgment, from which the defendant has appealed. The only proposition presented as a ground for reversal is that since the bond of the commissioner was not approved by the court, the sale, the deficiency judgment based upon the return of the commissioner and all acts performed by the commissioner were void.

The most important question on this appeal…