Eggeman v. Western National Bank

ROONEY, Justice.

This is an appeal from an order denying a motion of appellant-defendant to vacate a sheriff’s sale of defendant’s real and per sonal property, which was made pursuant to a foreclosure action brought by appellee-plaintiff. We will reverse and order vacation of the sale.

On January 15, 1973, defendant and his wife gave plaintiff a promissory note in the principal amount of $41,000, and they secured the debt by a mortgage on two adjoining tracts of land near Lovell. The two tracts were purchased at different times. On one was a building, which was used by defendant in his…