Waddill v. Payne

The plaintiff enjoins the sale of certain land» seized by tlie defendants under fieri facias as judgment creditors of Charles J. Hester. She alleges that she is in possession of the lands seized as owner, having bought the same at a sheriff’s sale made ou *774the third of April, 1869, under execution issued against Hester at the suit of Biddy Graham, tutrix and administratrix, v. C. J. Hester. She exhibits the sheriff’s deed as a muniment of title.

The defendants answer:

First — That plaintiff's petition discloses no cause of action.

Second — That defendants having prior special mortgages on the…