Gilroy v. Lowe

HOWE, Justice:

This appeal challenges an execution sale based on a judgment rendered in favor of cross-plaintiffs Wendell L. and Irene B. Butcher and against cross-defendants and appellants Peter M. Lowe and Martha Lowe, his wife, in the amount of $309,-479.90. Appellants contend that the execution sale should have been set aside because (1) the limitations period had expired at the time of the sale; (2) the filing and service of a declaration of homestead exempted appellants’ home from a sheriff’s sale to satisfy the judgment; and (3) the execution sale was void because it was instituted at…