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HERITAGE INS. CO. OF AMERICA v. McELROY

No. 86-1760.

807 F.2d 741 (1986)

HERITAGE INSURANCE COMPANY OF AMERICA, Appellant, v. James W. McELROY, Jr., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 19, 1986.

Attorney(s) appearing for the Case

James A. Bingley, St. Louis, Mo., for appellant.

Peter P. Fiore, Jr., St. Louis, Mo., for appellee.

Before BOWMAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and ARNOLD, District Judge.

MORRIS SHEPPARD ARNOLD, District Judge.

In May, 1984, appellant Heritage Insurance Company of America obtained a judgment in federal district court against Richard and Marjorie Westerhold of Florissant, Missouri. To collect, it levied against the Westerholds' house, and an execution sale was held in August, 1984.

The notice of the sale stated that the property would be sold subject to prior liens.

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