Michael v. Grady

On June 23rd, 1923 the sheriff of Barnes county, under an execution issued on a judgment of forclosure, sold section 35, township 141, range 56 and the west half of section 5, township 140, Range 56. On June 18th, 1924 the plaintiff IVIichael brought an action to vacate and set aside such sale. The defendants demurred to the complaint, and this appeal now comes to this court from the order of the district court of Barnes county overruling the demurrer.

The plaintiff in hi's complaint alleged the ownership of the premises in question 'in the defendant Goulet; the execution and delivery of the…