O'Neal v. McElhiney

WIGGINTON, Judge.

Plaintiffs in foreclosure of a vendor’s lien bring this appeal to review an order sustaining objections of defendant Harold D. Ellzey to confirmation of a judicial sale of the subject property held pursuant to the final decree, at which plaintiffs were the successful bidders. The order also directed a resale of the property. The sole question for determination is whether the chancellor abused his discretion in the premises.

Plaintiffs sold approximately 20 acres of land to Roger McElhiney by contract for deed dated July 31, 1964. The purchasers *493began constructing a residence…