LANE v. ILLINOIS BANKERS LIFE ASSUR. CO.

LANE v. ILLINOIS BANKERS LIFE ASSUR. CO.
1940 OK 345
104 P.2d 563
187 Okla. 371
Case Number: 29933
Decided: 07/16/1940
Supreme Court of Oklahoma

LANE
v.
ILLINOIS BANKERS LIFE ASSURANCE CO.

Syllabus

¶0 1. APPEAL AND ERROR--Objections and exceptions to order confirming sheriff's sale no part of record proper.
Objections and exceptions to an order confirming a sheriff's sale are no part of the record proper unless brought into the same by case-made or bill of exceptions.
2. SAME--Appeal dismissed where errors alleged cannot be reviewed on transcript.
Where the errors alleged are of such a nature that they cannot be reviewed upon transcript and no case-made or bill of exceptions is served, allowed, or filed, the appeal will be dismissed.

Appeal from District Court, Johnston County; J. I. Goins, Judge.

Action by Illinois Bankers Life Assurance Company against Wilson H. Lane. Defendant appeals by transcript from an order overruling objections to sheriff's sale and confirming same. Dismissed.

John W. Hunt, J. W. Bolen, and Tom D. McKeown, all of Ada, for plaintiff in error.
Robert W. Harbison and W. C. Austin, both of AltuS, for defendant in error.

PER CURIAM.

¶1 This is an appeal by transcript from an order of the district court of Johnston county which overruled objections to and confirmed a sheriff's sale, pending in said court. The appeal is prosecuted here by transcript. This court has held that objections to confirmation of a sheriff's sale and orders made thereon are not a part of the record unless incorporated in a casemade or bill of exceptions. Vann v. Union Central Life Ins. Co., 79 Okla. 17, 191 P. 175; Wiseman v. Lowery, 181 Okla. 607, 75 P.2d 480. The errors complained of cannot be reviewed; therefore the appeal is dismissed.