Martin v. Prather

Franklin, C.

Appellant sued appellee to set aside a sheriff’s sale of a tract of land to appellee, alleging that the judgment was void upon which the execution issued under which the land was sold.

A demurrer to the complaint was sustained; the plaintiff refused to amend, and judgment was rendered on the demurrer, for appellee for costs.

The sustaining of the demurrer to the complaint is the only-error assigned.

The complaint alleges that on the 3d day of February, 1863, a judgment was rendered before a justice of the peace in said county, against the plaintiff, for the sum of $60; that on the…