Berly v. Sias

The opinion handed down in this cause on October 22, 1952 is withdrawn and the following opinion is substituted in lieu thereof:

Plaintiff filed this suit as an attack upon a sheriff’s sale of real property sold under execution in 1939 to satisfy a county court judgment rendered in 1932. The Court of Civil Appeals has held that the trial court’s judgment sustaining the sale must be reversed because of an irregularity in the execution sale which directly tended to produce an inadequate sales price. The holding is that the inadequate price will be attributed to this irregularity unless evidence…