Bank of Pinehurst v. Gardner

Tbe procedural question presented by this appeal arose upon the following facts :

Plaintiff bank obtained a money judgment against the defendants. Execution issued and the homestead of defendant P. L. Gardner was laid off. The sheriff advertised and sold the excess and the property was hid off by counsel for Ruth W. Gardner for fifty dollars. "Within ten days thereafter the plaintiff, the judgment creditor, posted advance bid, and resale was ordered. No notice of second sale was given defendant P. L. Gardner, the judgment debtor, or to Ruth W. Gardner. After advertisement the property was sold…