Bruns v. Clase

The only error assigned and relied upon for a reversal of this case is that the existence and loss of the execution alleged to have been issued on the judgment in favor of Sheppard & Co. v. Colder, Rouse & Co. were not sufficiently proven to let in secondary proof of its contents. It was alleged in defendant’s answer that an execution issued, and was delivered to Sheriff Williams, of San Juan county, on the 8th day of January, 1878, and was levied ftpon the lots in controversy. The defendant, who relied, in part, upon title derived from his purchase at the sheriff’s sale, and upon the…