Ex parte Nicholls

Thomas C. Nicholls having sued out a monition under the act of 1S34, calling on all persons to show cause why a sheriff’s sale to him of a slave should not he homologated, the defendants in the execution showed for cause that the judgment upon which the execution was issued had not been signed by the judge. The sale was, therefore, set aside, and Nicholls has appealed.

It appears that the judgment written on the back of the petition was not signed until after the execution was issued, hut that the judgment had been previously entered, with others, on the minutes of the court, and that the…