Gardner v. . McDonald

Civil action to enjoin sale of land under execution.

These facts present the controversy:

Plaintiffs claim title to land in question by virtue of deed from the sheriff of Moore County pursuant to sale held on 7 November, 1932, under an execution issued out of the Superior Court of said county on 13 August, 1932, upon a judgment of Southern Security and Guaranty Company against R. H. Scarboro and Percy L. Gardner, and returnable "not less than 40 nor more than 60 days from the date" thereof — the sale having been held after the expiration of 60 days.

Thereafter, on 26 December, 1932, defendant…