Seay v. Cleveland

Hunstein, Justice.

On October 1, 1991, appellees Arthur and Annie Cleveland successfully bid and purchased property in Cherokee County at a sheriff’s sale. Appellant, John Seay, is the Sheriff of Cherokee County; his deputy, Shelley Laughhunn, conducted the sale. After the sale, another deputy deducted the county’s costs of the sale and paid the remaining balance to the attorney for the plaintiff in execution. The attorney failed to use the proceeds to satisfy the existing superior liens on the property and instead kept the money. The Clevelands were thereafter required to pay off the superior…