Travelers Insurance v. Brooks

Defendants were the owners of 160 aeres of land in Cherokee Connty covered by a mortgage of $9,500 executed by former owners, who transferred the land to the defendants herein. The mortgage contained a clause authorizing a receivership after a valid sale on execution under the mortgage. The record shows that all parties were duly served with notice of the foreclosure proceedings and that a decree of foreclosure was entered and special execution issued thereunder for the sale of said property.

The question raised on the merits of this appeal is whether the sheriff’s sale was invalid because he…