Shivell v. Hurd

In 1940, Arthur Shivell recovered judgment against John Hurd for $1,250. Shivell, having been declared bankrupt, his trustee declined to take steps to collect the judgment and Shivell instituted the proceedings here under review to compel a sale of real property of Hurd and his wife consisting of adjoining lots, one unimproved, the other improved with a residence. The property was subject to a homestead. Upon proper application the court ordered execution issued which was duly levied on the property in March 1950. The court then refused to appoint appraisers pursuant to sections 1245 and 1261…