Grub v. Fogle's Garage, Inc.

Plaintiff, Carl H. Grub, Jr., brought an action to restrain defendant, Fogle’s Garage, Inc., from proceeding with a sheriff’s sale in satisfaction of a judgment lien. From a judgment restraining the sale and quieting title in plaintiff, defendant appeals.

Plaintiff owned certain real property in Stevens County encumbered by a judgment in favor of defendant, entered May 28, 1963. On April 2, 1969, defendant caused a writ of execution to be issued and notice of - sheriff’s sale posted and published. The date of sale was May 9, 1969. Thereafter, on request of plaintiff’s counsel, the sale was…