Wagstaff v. . Smith

One James Smith, it appeared, had also claimed the above-named four shares, by virtue of a purchase made at a sheriff's sale in 1808 or 1809 on an execution against Benjamin. The deed from Benjamin (46) to Wagstaff, the lessor of the plaintiff, was prior to the judgment on which this execution issued.

The defendant produced deeds to himself for the shares of Elizabeth, Sarah, Samuel, Susannah and Rachel, to show that he was a tenant in common with the lessor of the plaintiff, and admitted that he was in possession.

Plaintiff then introduced evidence to prove an ouster; and to show that…