Meredith v. Chancey

— Action by the appellee, against the appellant, to recover possession of a tract of land and mesne profits.

Issue; trial by the court; finding and judgment for the plaintiff, a motion for a new trial, for causes assigned, made by the defendant, having been overruled.

The appellant has presented several questions, but we think it necessary to consider but one of them, as that is decisive of the case.

The facts are, in brief, that the plaintiff had a judgment for the foreclosure of a mortgage upon the land in controversy against the defendant, and, upon an order of sale issued upon the judgment,…