Smith v. Switzer

This is an appeal from a finding and judgment for defendants entered at the conclusion of appellants’ evidence on the trial of appellants’ petition to vacate and set aside a sale of and deed for certain real estate made to appellee Switzer by appellee Carlin as receiver of the Haynes Realty Company, owner of the real estate sold, which consisted of an office building and garage in the city of Elkhart. The petition alleged fraud on the part of the defendants with respect to the amount for which the real estate was to be and was sold and with respect to the manner and time of making the sale,…