Harvey v. Whyte

Respondent is the assignee of a money judgment rendered on December 20, 1951, against Allied Building Supply Company, a corporation, hereafter called “the corporation.” Appellant is the purchaser of certain property at an execution sale held on October 18, 1951, to enforce a judgment rendered against one Lee H. Stroble in an unrelated action entitled “Ennis v. Stroble.” The property so purchased by appellant actually was owned by the corporation and not by the judgment debtor Stroble. Both appellant and the marshal who conducted the sale had been so informed prior to the sale.

Respondent…