Ryan v. Casey

By the Court.

This was a motion to set aside a judgment, levari facias, etc. Also, the sheriff’s sale, and to set off a judgment held by defendant against that of plaintiff.

The defendant complains that the judgment and all process founded thereon in this case is irregular, because the scire fcuñas did not pursue the mortgage in the description of the property, and it is also erroneously described in the advertisement of the sheriff. The levari facias pursues the judgment, and the advertisement accords with the levari. The whole is, therefore, regular. We have no power to vacate or set aside…