Nash v. Johnson

Henry Johnson, one of the defendants, obtained an order of seizure and sale against the plaintiff, for the purpose of having a tract of land in his possession, seized and sold under a mortgage, which he had upon it. The plaintiff obtained an injunction to arrest the sale, and he claims one thousand dollars damages against the seizing creditor, for an illegal seizure of his (the plaintiff’s) property.

The first ground is, that in the act of sale to the plaintiff, there was a warranty against all disturbances and evictions; *9yet he avers that he has been disturbed, and has been obliged to bring…