Everson v. De Schepper

Appeal by plaintiffs from judgment in an action to reform the sheriff’s certificate of sale of a 301-acre farm under foreclosure of a mortgage by advertisement so as to exclude from its operation and effect the 80-acre homestead of plaintiffs.

The foreclosure sale was set for April 24, 1922, at 2 p. m. At 11 o’clock of that day plaintiffs served on the sheriff a notice of plaintiffs’ claim of homestead as provided for by section 8173, G. S. 1913. That notice with proof of service was filed for record with the register of deeds at 1:30 p. m.

A deputy sheriff proceeded with the sale promptly at 2…