Holt v. Holt

(after stating the case as above).

The point presented for decision is that of whether or not in the facts shown there was error in giving a peremptory instruction to the jury to return a verdict against the plaintiffs in error. It was conclusively shown that in 1924 there was duly entered a judgment of revivor which restored to its original force by statutory proceeding a judgment rendered in 1914 foreclosing a vendor’s lien and ordering that the land be sold at public auction by judicial sale, and that the proceeds be applied in payment of the amount determined to be due. It was upon the…