Johnson v. Crispell

The plaintiff brought ejectment and claimed title as grantee in a deed from the sheriff pursuant to sale on execution issued in favor of plaintiff *83and one Richard 0. Wheeler and against John A. Crispell and Edward L. Drake. In reciting the proceedings previous to the sale the deed stated “and whereas, because sufficient goods and chattels of the said last named ‘person’ in the said writ could not be found,” etc., the real estate was seized, etc.

Strict accuracy required, if the facts were so, that the recital should use the word “persons” and not “person” merely, so as to include both of the…