Birch v. Bates

‘Taliaferro. J.

This action is brought to rescind an order of seizure and sale. It seems that the defendant, Bates, being owner and holder of two promissory notes drawn by plaintiff on the fifteenth of December, 1857, payable respectively in one and two years after date, and secured by mortgage on two small tracts of land, took out an order of seizure and sale, under which, in December, 1867, tho land was sold, and Bates became the purchaser. Birch now sues to rescind the sale and to recover the property. The defendant had judgment in his favor in the court below, and the plaintiff has…