Opinion
No. 30,626.
September 6, 1935.
Appeal and error — disposition of cause — motion to remand denied.
Action in the district court for Steele county by First National Bank of Owatonna against Clarence P. and Rose J. Anderson wherein defendants, who appealed from a judgment against them in favor of plaintiff, Fred W. Senn, Judge, moved this court to remand the action to the district court. Motion denied.
Leach Leach, for appellants.
Nelson Nelson, for respondent.
The motion of appellants to remand the cause to the district court is denied for the reason that the mortgage foreclosure sale made after the entry of the judgment appealed from cannot affect the validity of such judgment; and, furthermore, if appellants have a remedy under the moratorium act, they may apply to the district court for relief when an attempt is made to enforce the judgment against any real estate belonging to them.