Pickard v. Automatic Bookkeeping Register Co.

OPINION OF THE COURT

PARKER, J.

This is a proceeding to cancel and set aside an execution sale of real estate in Otero county and for damages by reason of such execution sale. The action is founded upon the theory that the judgment, prior to such execution sale, had been paid off and settled, and the sale was therefore void. This, in turn, depends upon some facts which the court found against the contention of appellant. These facts arose out of some proceedings had in a court in the state of Tennessee, in which a Mr. Bostick brought a suit in the name of the plaintiff in the Otero county…