Draper v. Vanhorn

Peekins, Z.

Dfaper obtained a judgment against Van-horn, and procured an execution to issue thereon, which was placed in the hands of David M. Mercer, sheriff, who, by virtue of it, sold a piece of Vanhorn" s land. Draper was the buyer; the sheriff made him a deed, and he took possession.

This suit was prosecuted to vacate that sale and deed, and recover back possession. The sheriff was made a defendant, with Draper. On the trial, Draper offered the sheriff, his co-defendant, as a witness to prove the steps taken in selling the property, but the Court refused to hear him testify.

The questions…