Doe ex dem. Shelton v. Hamilton

The plaintiff in error commenced an action of ejectment in the circuit court of Hinds county, for the recovery of a tract of land. He claimed title by virtue of an execution sale against Ethelwin Sadler. After introducing the judgment and execution against Sadler, and the deed of the sheriff for the land to •him, he rested his case ; and the defendant then proved that Sadler had been dead several years before the last issuance of the execution, by which the land was sold. The court charged the jury that “ A purchase made under an execution tested and issued after the death of the defendant,…