Brady v. Smotherman

This wás an action against the sheriff by the purchaser of certain land at a sale under an execution, who sought to recover the amount paid by him for the land. A verdict was directed for the plaintiff. A motion for a new trial was overruled, and the exception is to that judgment. The sole question for determination is: Can a purchaser of land at a sheriff’s sale under an execution, where the sheriff has paid over to the plaintiff in execution the consideration paid by the purchaser, and where the levy has been declared excessive by a court of competent jurisdiction and the sale set aside and…