Fitzgerald v. Williamson

J. P. Fitzgerald instituted this statutory-real action, against T. F. Williamson and T. L. Kennedy. J. P. Fitzgerald died testate, and the suit was revived in the names of his devisees as plaintiffs. The case presents but a single question.

The plaintiffs made title as follows: J. E. Williamson owned and was in possession of a half interest in the storehouse and lot in controversy, and was indepted to J. P. Fitzgerald. This debt was reduced to judgments, and, under proper process issued upon them, a half interest in the premises was sold and conveyed by the sheriff to J. P. Fitzgerald, he…