Newby v. . Gallop

Two questions are presented for determination:

1. Must the increased bid at a trustee’s sale of land under a deed of trust or mortgage be paid to the clerk of the Superior Court or to the trustee ?

2. Was the owner of the land, to wit, J. T. Brothers, entitled to intervene in the cause at the hearing ?

C. S., 2591, provides in express terms that the sale of property under a mortgage or deed of trust “shall not be deemed to be closed under ten days. If in ten days from the date of the sale the sale price is increased ten per cent, where the price does not exceed $500, and five per cent where, the…