Foust v. Gate City Savings & Loan Ass'n

The material facts are not controverted. The property, having a market value of from $5,500 to $6,000, was actually sold for $825. The trustee erroneously reported that it was bid in for the sum of $6,400. His report to that effect was on record in the clerk’s office from the day of sale until the confirmation of the sale. Anyone seeking information concerning the sale would have ascertained that the property sold for more than its reasonable market value.

These facts raise the single question of law: Was the irregularity in the report of such substantial nature as to require the Court to…