Stephens v. Maxey

BAYLESS, Y. C. J.

This is an appeal from the district court of Pontotoc county, and complaint is made of the refusal of that court to confirm a sheriff’s sale.

J. C. Maxey and Mattie Maxey, his wife, and Perrie Maxey mortgaged certain real estate, and Roger L. Stephens, trustee thereunder, is plaintiff in the action. Thereafter the husband and wife conveyed their interest in said real estate to Perrie Maxey. Foreclosure was begun on said mortgage and judgment duly entered establishing the debt and the lien upon the real estate. Thereafter J. C. Maxey died, and within a few days an order of sale…