Bartholomew v. Langan

Newcomb, J.,

The ultimate question is whether plaintiffs’ title to certain lands of which Nettie Stuart died seized in fee is such as defendant is bound to accept; and it is believed to be free from difficulty.

After her death, Mrs. Stuart’s mortgage was foreclosed by process of scire facias against her executors. The suit went to judgment in due form of law. The judgment was thereafter put in execution on a levari facias; the mortgaged premises were thereupon seized and sold by the sheriff; Mr. Kasson became the purchaser; the sheriff’s deed was duly acknowledged without objection; and…