Loveridge v. Buehler

VOLIE A. WILLIAMS, Jr., Circuit Judge.

This cause comes before the court for consideration on defendants’ petition for an order to set aside sheriff’s sale and on plaintiffs’ motion to dismiss, and the court having heard arguments of counsel, and having considered plaintiffs’ memorandum brief and defendants’ memorandum brief, finds as follows—

On April 29, 1955, plaintiffs filed their affidavit for a distress warrant; a praecipe for the warrant was issued on the same day as was the distress warrant. The distress warrant was served by J. W. Dunn, deputy sheriff, on April 30,1955 — “by levying on…