141 Ga. 687 | Ga. | 1914
(After stating the foregoing facts.) In their brief filed in this court counsel for plaintiff in error say: “The petition alleged, as grounds for setting aside this deed and sale, (1) that the levy was excessive; (2) that the price was grossly inadequate; and (3) that the defendant in fi. fa., before the sale of said property, filed with the sheriff’s office an affidavit of illegality, which was accepted by the sheriff’s office, and thereupon the defendant in fi. fa., naturally supposing that the said sale would be postponed until a hearing could be had upon this affidavit, went away from the place of sale, and that later the attorney for the Exchange Bank, without the knowledge of Mrs. Howland or her attorney, conferred with the sheriff and they thereupon made certain private investigations and finally set aside the illegality and sold the property without notifying or attempting to notify either Mrs. Howland or her attorney.” We will deal with the points insisted on in the brief in the order there stated.
Judgment affirmed.