Orange County v. . Atkinson

From the agreed statement of facts and C. M. Cates’ verified motion, the record shows the following: “C. M. Cates has been duly made a party defendant for tbe purpose of making a motion to set aside tbe sale of tbe property on tbe grounds tbat tbe same is irregular, and should therefore be declared void.” From tbe view we take of this case, we think it immaterial on which day tbe sale was held. Tbe sale was void as to O. M. Cates. Tbe judgment in tbe court below recites tbat tbe decision was based on whether tbe sale was made on a proper day under tbe statutes, and held tbat it was. C. M.…