Twin Ports Oil Co. v. Whiteside

Julius J. Olson, Justice.

This was a suit to set aside a sheriff’s certificate of sale upon foreclosure by advertisement of a real estate mortgage. Defendants Arthur W. King, Jr. and the Woodruff Lumber Company demurred upon the ground that the complaint “does not state facts sufficient to constitute a cause of action against either of them.” The court sustained the demurrer. Plaintiff made no move to amend, and judgment was entered, from which plaintiff appealed.

We gather from the complaint these facts: Prior to 1930, defendant Whiteside acquired title to the premises involved. During that…