Dallas v. Gardner

Opinion of the Court by

Commissioner Sandidge—

Reversing.

This is an appeal from a judgment of tbe Allen circuit court overruling exceptions1 to a commissioner’si report of sale and confirming tbe sale. It appears from *94the record in this case, including the exceptions to the report of sale, that the land sold herein was sold pursuant to judgment of the chancellor in an action by appellee, H. P. Gardner, as plaintiff, against appellant, L. P. Dallas, as defendant, wherein the appellee, the owner by transfer and assignment of a materialman’s claim and lien to the amount of $965.00, sued appellant,…