Vail v. McKernan

In 1841, Charles Garner mortgaged a tract of land to the State, to secure a loan of 500 dollars, made to him out of the Saline Fund. The land subsequently passed by sale to successive purchasers, subject to the mortgage, and finally came to the hands of James H. McKernan.

In 1860, the land was sold on the mortgage, for an amount due on the same, alleged to be 637 dollars and 25 cents, exclusive of damages, &c., to Mary A. Vail, and a warrant was issued by the Auditor of State to the sheriff of Marion to put her in possession.

McKernan procured an injunction to restrain the sheriff from…