Perry v. Link

Plaintiffs filed a bill of complaint in chancery asking that sale on execution of certain lands in Clinton county be set aside. The circuit judge, on hearing, dismissed the bill of complaint. The lands were levied on and sold under an execution out of the circuit court on a transcript of judgment rendered in justice court. Plaintiffs attack the validity of the levy and sale on two grounds: (1) that the docket entries show the justice court judgment to be void; and (2) that the transcript was not properly filed because of the lapse of time between the making of the affidavit of amount due and…