Gardner v. . McDonald

On original appeal, one member of tbe Court not sitting, and tbe remaining six being evenly divided in opinion as to tbe correctness of the ruling of tbe court below bolding valid tbe sale under an execution made returnable “not less than 40 nor more than 60 days from tbe date” thereof, on a date more than 60 days, but less than 90 days from tbe issuing of the execution, tbe ruling stood affirmed as to tbe disposition of tbe appeal without becoming a precedent. Tbe case is brought back for tbe entire membership of tbe Court to consider tbe ruling of tbe court below.

Tbe record discloses that…