Brown v. Hopkins

"WinsLOw, J.

The plaintiff owned a judgment against the defendant Hopkins, which was rendered December 10,1811. On the 3d of December, 1891, execution was issued upon said judgment, by leave of court; and on the following day a levy was made upon certain real estate, and the same was advertised to be sold on the 31st of January, 1898. Motion was made by the defendant on the 11th of January, 1898, to vacate the execution and levy and all proceedings thereunder; and, upon the hearing, said motion was granted, whereupon the plaintiff appeals.

The question is whether an execution which is duly…