Meservy v. Stoner

MORI ARTY, C.

This is an original proceeding, brought in this court, to secure a write of prohibition prohibiting -and restraining the defendant, as justice of the peace in and for Hyde county, S. D., from executing a certain judgment against the petitioner herein.

The facts affecting the right of petitioner are undisputed. Petitioner is ¡in- possession of a certain tract of land in Hyde County. Defendant claims to be entitled to the possession of said land by virtue of a sheriff’s deed on foreclosure. Petitioner claims the right to remain in possession, alleging that the foreclosure is void.

Aft…