Brimberry v. First State Bank of Avinger

RAY, Justice.

This is an appeal from a judgment setting aside a sheriff’s sale. First State Bank of Avinger, appellee, obtained a judgment of foreclosure against Avinger Development Company and Michael D. McKaughn; thereafter, a sheriff’s sale was held to dispose of certain properties in Cass County in an attempt to satisfy the judgment creditor. Elton Brimberry, appellant, bought the 26.49-acre tract of land, together with the improvements thereon, at the sale for the sum of $5,000.00. All prerequisites to the holding of the sale were had and the sale began at 10:00 o’clock A. M., on Tuesday,…