Wever v. Parker

The plaintiffs, as sole heirs at law of L. D. Wever, brought suit to recover a certain tract of land, and to cancel a deed made to the defendant by the sheriff. The petition alleged that the land was sold by the sheriff in 1907, under a judgment rendered in 1877 against said Wever, and that the defendant, who was the purchaser at such sale, obtained no title, because the judgment under which the sale was had was dormant. The court dismissed the petition upon general demurrer, and the plaintiffs excepted. • .

The court committed no error if the judgment referred to in the petition was not…