McMillan v. . Hafley

The execution issued from an order of the county court, directing Bolin, the prosecutor in an indictment, to pay the costs on the defendant being acquitted. After the order, and before the sale, Bolin conveyed for a valuable consideration to the defendant Hafley.

Two questions were presented to this Court:

1. Whether the order was such a judgment as warranted the issuing an execution to sell Bolin's land.

2. Whether, under the circumstances above stated, the plaintiff can maintain trespass. The plaintiff in an action of trespass quare (187)clausum fregit must show that at the time of the…