Henderson County v. Osteen

BRITT, Justice.

Plaintiff Andrews (appellant) contends the trial court erred in denying his motion for dismissal at the close of defendants’ evidence as that evidence fails to rebut the presumption of regularity which attaches to official acts of public officers. He further contends that defendants’ evidence, even if sufficient to overcome the presumption, is inadequate as a matter of law to sustain the burden of proving that notice of the sale was not duly mailed by the sheriff’s office.

The Court of Appeals affirmed the trial court’s order setting aside the sale, holding that the presumption…