Davenport v. Jenkins' Committee

Opinion op the Court by

Judge Sampson

Affirming.

Appellant, Davenport, became tbe purchaser of lands of appellee, Jenkins, at a decretal sale, and thereafter, within the time allowed by law, filed the following exceptions to the report of sale:

“1. The record herein shows that at the time of the execution of the note sued on, the defendant, James Jenkins, had been adjudged to be of unsound mind and no order of restoration had ever been made, and for this reason the note sued upon was void, and a judgment based thereon was erroneous.

“2. At the time of the institution of this action, the defendant,…