Doe, on the Demise of Wayman v. Naylor
Indiana Supreme Court
ERROR to the Jackson Circuit Court.-.—Ejectment for a lot of ground in Bromnstown, in which suit Wayman is the lessor of the plaintiff and JVaylor is the defendant. Pica, the general issue. The plaintiff proved that the defendant, being the owner of the lot in question, became replevin-surety of record for the payment of a judgment against Beatty, in favour of Steele & MCarty.
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ERROR to the Jackson Circuit Court.-.—Ejectment for a lot of ground in Bromnstown, in which suit Wayman is the lessor of the plaintiff and JVaylor is the defendant. Pica, the general issue. The plaintiff proved that the defendant, being the owner of the lot in question, became replevin-surety of record for the payment of a judgment against Beatty, in favour of Steele & MCarty. He then, after proof of the judgment, offered in evidence an execution of fieri facias against the defendant as the replevin-surety, the sheriff’s return of the execution showing a sale of the premises to the lessor,…
1Opinion of the CourtBlackford, J.
It is contended that the execution of fieri facias did not authorise the sale; but that an inquest to inquire as to the rents and profits, and a venditioni exponas, were also *33necessary. By the second section of the act of 1818, subjecting real and personal property to execution, Stat. 1818, p. an inquest and venditioni exponas were made necessaiy, in cases where the defendant requested an inquest. That section of the statute of 1818 was repealed in 1820. Stat. 1820, p. 113. This repealing act was itself repealed in 1821; Stat. 1821, p. 36; and consequently the second section of the act of…
Also in this document: Per curiam.
2Cited by8 opinions
- Behler v. WeyburnIndiana Supreme Court · 1877
- Baum v. ThomsIndiana Supreme Court · 1898
- Kothe v. Krag-Reynolds Co.Indiana Court of Appeals · 1898
- Westhafer v. PattersonIndiana Supreme Court · 1889
- Ryan v. CarrSupreme Court of Missouri · 1870
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