Fiolle v. First Nat. Bank of Thomas

On March 21,’ 1932, the defendant in error, the First National Bank of Thomas, Okla., hereinafter referred to as the bank, obtained judgment in a foreclosure action on a note and mortgage theretofore given by one Luella Fiolle and husband.

On September 22, 1932, an order of sale was issued and placed in the hands of the sheriff for execution; notice of sale was given, and on the day of sale the sheriff, being absent on some other business, left the actual calling of the sale in the hands of the jailer or deputy. Said sale was called by said deputy or jailer at 2 o’clock p. m., on the day…