Continental Oil Co. v. Harris

Sheldon J. Harris, defendant in the court below, appeals from the denial of his motion to vacate a purported order nunc pro tunc. We reverse.

This litigation was instituted by Continental Oil Company (Conoco), appellee herein, to foreclose a real estate mortgage on a parcel of land owned by Harris. At the sheriff’s sale following the entry of a decree of foreclosure, Conoco made a purchase bid of $17,607.55. The trial court refused to confirm that sale on the basis that the bid was inadequate. At a second sale, held on July 22, 1980, Conoco bid a purchase price of $16,686.33; this sale was…