Mitchell v. Stone

FAULKNER, Justice.

This appeal comes from the Circuit Court of DeKalb County on a judgment ordering a resale of property for division. The only issue before this court is whether the trial judge was correct. In our opinion he was, and we affirm.

On November 21, 1973, S. M. Stone and S. L. Stone filed suit against Eva Mae Jones, B. L. Stone, and Sarah J. Stone to sell 40 acres of land at public auction for division of the proceeds. The first sale was held on April 18, 1975. At this sale a dispute arose over the final bid. Mitchell said when he bid $4,500, the auctioneer closed the bidding. Mr.…