Rogers v. Kimsey

John D. Johns procured a judgment against W. M. Eogers, and caused a fi. fa. to be levied on 109 acres of land as the property of the latter. The wife of Eogers filed a claim. On the trial of the claim case the property was found subject to the fi. fa. The land was advertised to be sold, and on the day of sale Eogers, defendant in fi. fa., through his attorney, announced to the public that the land could not be lawfully sold, because 80 acres of said land had been set aside as a homestead, and because of litigation. Kimsey purchased the land at the sheriff’s sale with such notice, paid the…