Carlton v. Davant

Jackson, Judge.

These were two claim cases involving the same question of law, and argued together by agreement. The facts were, that the administrator of Travis C. Carlton, procured from the ordinary leave to sell lands of the deceased, and advertised the sale ; but, on the day of sale, and before the sale, the lands were levied upon by the sheriff under a judgment and fi. fa. of Davant, obtained against the intestate. The administrator proceeded to sell, notwithstanding the levy and notice thereof, and the claimants bought with full notice of the levy. The single question is, whether the…