Brown v. Miller

BRASWELL, Judge.

The plaintiff seeks to have a commissioner’s public sale set aside and the commissioner’s deed given from the sale declared null and void. The defendants are the co-commissioners who conducted the sale and conveyed the property in question. The property was owned by the plaintiff and her former husband who sought the partition as a result of their divorce. The plaintiff seeks relief on the basis of fraud and other irregularities in the sale allegedly committed by the defendants. The trial judge, upon the defendants’ motions dismissed the action for failure to state a claim…