Aboud v. Fenton

HATHAWAY, Judge.

The petitioner in this special action proceeding challenges the superior court’s refusal to execute a written order confirming the sale of certain real property to him. He contends that, in refusing such order , and directing that a new sale be conducted,, the lower court is proceeding without or in excess of its jurisdiction. In support of his position, he relies on A.R.S. § 14 — 598, subsec. B, which provides:

“If it appears to the court that the sale was legally made and fairly conducted, that the sum bid was not disproportionate to the value of the property sold and that a…