Huey v. Brimer

The opinion of the court was delivered by

Mahan, P. J.: There is but one question presented by the record in this case. There are several assignments of error, but they all depend on the solution of the one question, and that is, In a suit by a stranger to a proceeding in attachment, can a sheriff justify under a writ which is void in fact although regular upon its face, and under such justification attack the validity of a sale by the debtors named in the attachment to the plaintiffs? The defendants in error, ignoring this question, say that before the present suit was commenced the…