Howard v. Thornton

This was an action of ejectment. The parties both claimed under one J. T. Thornton as the common source of title. The plaintiff stood upon a sheriff’s deed. The defendant set up a subsequent deed to himself from J. T. Thornton and wife, and also set up a previous mortgage with power of sale in the mortgagees, who had made the sale under the mortgage by and through an attorney in fact appointed for that purpose. The case was submitted to the court for trial, and a verdict and judgment were rendered in favor of the defendant.

The sheriff’s deed was conceded to be good upon its face. But the…