Hutchison v. Yahn
Hutchison v. Yahn
Opinion of the Court
The opinion of the court was delivered by
This proceeding in error is based upon the overruling of a motion to set aside a sheriff’s sale of real property made in a foreclosure action. Vari
The statute does not prescribe what a notice of sale of real estate shall contain, except that time and place of sale shall be stated. It is certain, however, that a correct description of the land must be given in the notice and that it should contain enough to inform the general public of the location and extent of the real property to be sold. The order of sale in this case was in fact a special execution and the sale notice should have conformed to it fully. The order commanded that the property be sold in two specific parcels ; the notice did not specify the parcels, and no one would be able to tell from the description given in the notice the nature of the separation into parcels for purposes of sale contemplated by the officer. When several distinct parcels or lots of land are to be sold under an execution it is the duty of the officer to offer them separately, so that bidding may be en
For the same reason it is equally proper to hold that where the decree requires sale of the land in parcels, the notice shall so specify.
The order of the district court overruling the motion to set aside the sale will be reversed and the cause remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.