Leviston v. Henninger

This is an action of ejectment. Judgment went for plaintiff, and defendants, Henninger and Martina Castro de Newton, appeal from the judgment and from an order denying a new trial.

Plaintiff claims title to the land in contest through a sheriff’s sale under an execution issued upon a judgment for a deficiency after a sale under a decree of foreclosure in the case of Dean v. Castro et al. To establish his title, plaintiff introduced the judgment roll in Dean v. Castro, down to and including the decree of foreclosure. He also introduced an execution which recited that the sheriff, after a sale…