
    
      Thompson vs. Taylor.
    
    ' ClIAXCEIty.
    Error to the Warren Circuit; ííenrv Broadnax, Judge.
    
      Foreclosure. JVisi decree. Mortgage. Sale. Writ oj error.
    
    April 8.
    Although, a nú: decree has fixed a day cutí of term-time for the payment of mortgage money, and appointed a commissioner to sell and convey in default of payment, if the commissioner has sold and conveyed the property and his report to court been errór™rtnóí6e rectified by' writ of error.
   Judge Buckner,

delivered the opinion of the court.

The defendants in error, filed their hill in chancery against Thompson, to foreclose his equity of redemption in a tract of land, which he had conveyed to them by deed of Mortgage.

The court rendered a decree in their favor, and appointed a commissioner to sell and convey the mortgaged premises, unless the amount mentioned in tire decree should be paid, on or before a day appointed, which was not in term-time. The commissioner made a sale of as much of the land as satisfied the decree; and a deed of conveyance was executed to the purchaser. His report was returned 1.0 court with the deed, which were confirmed, and the deed ordered to be recorded; io reverse which, Thompson prosecutes this writ of error. The decree ought to have appointed a day in,term-time, for the payment of the money, so ib;it the court might determine, whether it hud been made.

M o nroe., for plaintiff.

Bui, U is now too late to rectify the error; because a reversal of the dec-ee could not affect the validity of -he sale, and could, therefore, be productive of no beneficial consequence. ■

The decree must be affirmed with costs.  