Preston v. Harrison

One Vanausdall, having recovered a judgment against Preston, the defendant, sued out a writ of fieri facias thereon, .which was levied upon a tract of land, which, at the' sheriff’s sale, was struck off to the plaintiff for 133 dollars and 33 and one-third cents, and he received the sheriff’s deed. This action was brought to recover the money so paid, on the ground that Preston had no title to the land.

A demurrer to the complaint was overruled. An answer was filed, denying the allegations of the complaint, except that the defendant had no title to the land, which was admitted, and alleging…