Drake v. Brickner

The undivided one-twenty-first interest of Lawrence Drake, plaintiff in this case, in a tract of 227.08 acres of land, was sold on general execution to satisfy a judgment for $319.75 entered against him for costs in a criminal prosecution. A sheriff’s certificate of purchase whs issued to S. E. Brickner, appellant, who bid the land in at the sale for $800. Shortly thereafter, this suit was commenced by Lawrence Drake to set aside and cancel *1168the sale and enjoin the sheriff from executing and delivering deed to the purchaser. Some time after the trial of this case, the plaintiff died, and his…