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Collum v. De Loughter – Case Brief Summary (Texas)

In Collum v. De Loughter, 535 S.W.2d 390, 393 (Tex. Civ. App.--Texarkana 1976, writ ref'd n.r.e.), a writ of execution was levied on two lots owned by a judgment debtor.

Although the lots had a market value of $13,500.00, they were purchased at the execution sale for $2,000.00.

The sheriff failed to give the debtor notice of the sale as required by the Rules, and also failed to give him the opportunity to designate property under Rule 637. Id.

Although there were several irregularities, this court noted that, "standing alone, none of these irregularities would be sufficient to justify setting aside the execution sale." Id. at 393.

Rather, what is required is a showing that the sale was made for a grossly inadequate price, that there were irregularities, and that the irregularities tended to contribute to the inadequate price. Id. at 392.