Malloy v. Behrens

Summary

The court affirmed that the sheriff complied with the statutory requirement to use personal property before resorting to real property. It held that the homestead exemption in effect when the execution sale occurred governed and that the debtor was entitled to a $150,000 exemption, while the purchaser was not entitled to deduct the superior mortgage from the bid proceeds. The sale remained valid, but the matter was remanded for corrected allocation of the proceeds.