Sharber v. Florence

HALL, Justice.

The parties to this appeal occupy the same position as in the trial court and will be designated here as plaintiff and defendant, respectively.

Plaintiff, J. H. Sharber, brought this suit in the district court of Cass county to cancel a deed from the sheriff of Cass county to defendant Florence for the following reasons:

“(a) Because the sale of said real estate was not advertised in a newspaper in Cass County, Texas, for four weeks next preceding the day of sale as provided by law.

“(b) Because the plaintiff had no notice, actual or constructive, from the sheriff or from the…