Boots v. Ristine

The appellant sued the appellee to quiet the title to certain real estate, alleging the invalidity of a sheriff’s sale under which the appellee claims through the purchase at said sale. The theory of the complaint is, that the property was bid in. by the execution creditor at double the amount of .his judgment, and that he paid no part of the bid, but gave the sheriff his receipt therefor.

The question assigned in this court as error arises upon the action of the circuit court “in overruling the appellant’s demurrer to the second and third paragraphs of appellee’s answer.” As this assignment…