Goldthait v. Walker

Appellees’ petition was to enjoin the enforcement of an execution against lands specifically-alleged to have been purchased by appellees at the sale by the executors of Joshua Buroker. It further appeared that the execution was upon a judgment against Jacob P. Buroker, and in favor of the appellants.

The appellants insist that we must presume against the title so specifically alleged; that the execution debtor Was a son of the testator, and that he was not a defendant in the proceeding to sell, under the direction of the will for the payment of the debts of the estate, and by the existence of…