Sowles v. Harvey

Suit to set aside a Sheriff’s sale. Demurrer to the complaint sustained. Einal judgment for the defendant.

The complaint makes the following case: In February, 1861, Soioles and wife obtained in the Hendricks Circuit Court, a judgment, upon foreclosure of a mortgage, of about 575 dollars. The defendant in that judgment was insolvent except as to the mortgaged property. Ten days after the adjournment of the term at which the judgment was ren-' dered, the Clerk of the Court, without an order from either of the plaintiffs, issued an 'order of sale upon the judgment, *218upon which the Sheriff, on the…