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NIXON v. TRIBER

No. 12422.

595 P.2d 1093 (1979)

100 Idaho 198

W. W. NIXON, a partner, dba Nixon, Nixon, Lyons & Bell, Plaintiff, v. Darrell A. TRIBER and Marjorie J. Triber, husband and wife, Defendants-Respondents. Darrell A. TRIBER and Marjorie J. Triber, husband and wife, Plaintiffs-Respondents, v. Howard BLACK and Loralee Black, husband and wife, Defendants-Appellants, and Thor Fladwed, Sheriff of Kootenai County, State of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

June 5, 1979.

Attorney(s) appearing for the Case

Thomas A. Mitchell, Coeur d'Alene, for defendants-appellants.

Sidney E. Smith, Nathan D. Hult, Chief Deputy Pros. Atty., Coeur d'Alene, for defendants-respondents.

McFADDEN, Justice.

Purchasers of real property at an execution sale appeal from a district court order vacating the sale because notice of the sale failed to comply with I.C. § 11-302(3). We hold that the district court erred in setting aside the execution sale because I.C. § 11-303 provides the exclusive remedy for failure to comply with the notice provisions of I.C. § 11-302. Accordingly, we reverse and remand.

The facts in this consolidated...

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