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CONCRETE v. CHARLIE SPRAYBERRY (05/08/85)

May 8, 1985

CONCRETE, INC., APPELLANT,
v.
CHARLIE SPRAYBERRY, ANDY MACHA AND RAJI CHHABRA, APPELLEES.



Appeal from 142nd District Court of Midland County, Texas. (TC# A-33,906).

COUNSEL

Ruggero S. Provenghi, 600 N. Loraine, Midland, TX 79701, for Appellant.

John E. Gunter, Rassman, Gunter & Boldrick, 1801 West Wall, Midland, TX 79701, for Appellee.

Max N. Osborn, Associate Justice.

Author: Osborn

Concrete, Inc. appeals from an order denying a petition for writ of mandamus and granting relief to Intervenors. We reverse and remand.

Concrete, Inc. obtained a money judgment against G.A. Loney and A & T Development Co., Inc. with a provision for an order of sale. A writ of execution was issued and at a sheriff's sale at 10.00 a.m. on June 5, 1984, Charlie Sprayberry, Andy Macha and Raji Chhabra were each the high bidders on six city lots offered for sale. Each of the three purchasers bid approximately $4,000.00 for the two lots on which he was the high bidder. They tendered payment to the Sheriff. Later in the day, a first lien holder foreclosed on the same property under the terms of a deed of trust.

Concrete, Inc. filed a petition for writ of mandamus when the Sheriff refused to pay to it the sums bid at the sale. The three successful bidders intervened, asking the court to hold the sale void and to order the Sheriff to return to them the sums which they had paid to him following the sale.

At the hearing, the parties stipulated that Concrete, Inc. had a good and valid judgment, that the writ of execution was properly issued pursuant to the judgment, that notice of sale was published on May 16, May 20 and May 27, 1984, and that the sale was conducted at approximately 10:00 a.m. on June 5, 1984. They also stipulated as to the amounts bid and the monies tendered by each bidder for certain described lots. The court denied the ...


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