Wilmarth v. Helton

This is an appeal from a judgment of the district court of Love county vacating its order confirming sheriff’s sale of real property under mortgage foreclosure.

The proceeding to vacate was instituted by verified motion filed on the part of defendants in error, who were defendants in the foreclosure action. The parties plaintiff and defendant in error will be referred to herein as plaintiffs and defendants, respectively.

The motion, filed approximately 16 months subsequent to the date of confirmation, charges that the order was based upon a sheriff’s return of sale which was false in that the…