American Investment Co. v. Nye

Appellant brought an action in the court below against William H. Nye and wife for the foreclosure of a real *721estate mortgage. Subsequently plaintiff, by leave of court, filed an amendment to its petition, praying the appointment of one P. J. Murphy, or some suitable person other than the sheriff, as special master commissioner to make the sale of the real estate. W. H. Magill, the sheriff of the county, was permitted, over the plaintiff’s objection, to intervene and file an answer to the amended pleading. The question of who should be appointed to make the sale was heard upon affidavits, and…