Batini

This action involves the ownership and right to possession of certain real estate situated in this state.

Plaintiff rests his claim upon a sheriff’s deed. Defendants contend that the deed is void and of no effect. Both sides here agree that the sole question presented both in the court below and here is on the validity of said sheriff’s deed. The trial court held that the deed was effective to transfer title and entered its decree in favor of plaintiff and the defendants appeal. At the outset, it may be noted that no claim of irregularity is made as to any proceeding up to the time of the issuance of the writ of execution under which the sheriff’s sale was made. In other words, the writ of execution was regularly issued. Appellants contend that in making the sale no legal or sufficient notice thereof was given and that the property sold, consisting of three parcels of real estate, was sold en masse.

The facts are that the sheriff sold the property after having given fifteen (15) days’ notice and that the property did consist of three separate pieces and the sale was en masse. Section 692 of the Code of Civil Procedure, so far as material here, provides: “Before the sale of…