Griggs v. Miller

After a roughly $2,000 judgment against Brookshire (defendant), Sheriff Powell levied on his 322-acre farm; Brookshire wrote Powell explaining the farm could be divided and identifying a specific smaller portion worth about $4,000 that would satisfy the judgment, but Powell nonetheless sold the entire farm at public sale to Bill Griggs (plaintiff) for $20,600. Griggs sued to eject Brookshire from the property, Brookshire counterclaimed to set aside the sale, the trial court ruled against Brookshire on all claims, and he appealed, arguing the entire farm shouldn't have been sold without first attempting to satisfy the judgment through a smaller parcel.