Carter v. Zilky

This is the second appeal in this case. See Zilky v. Carter (1946), 116 Ind. App. 595, 66 N. E. (2d) 285. After remand a new trial was had on the issues as originally joined. The cause was submitted on the same stipulation of facts as in the former trial, except it was additionally stipulated that the property was originally advertised for sale, not in one newspaper, as at first stated, but in three newspapers.. In the first appeal it was asserted by the then appellants, Zilky and Zilky, that the involved real estate could not have been lawfully bid in by the auditor on behalf of the county,…