Smith v. Caldwell

Although it appears that the writ of error, which operated as a supersedeas had issued in the name of Johnson, when the execution was in the name of Caldwell, which was intended to have been superseded ; yet, from the whole circumstances of the case, it appears, nay, indeed it was acknowledged by Caldwell, that he knew the supersedeas was intended to stay the execution in his name. He having proceeded to compel a sale under the execution in his name when there was no judgment which authorized the issuing the execution, when he had actual notice that a supersedeas was awarded to stay…