Burden v. Gates

Jenkins, Justice.

In this suit against the purchaser at a sheriff’s sale and his transferee, praying for cancellation of their deeds, under the plea and testimony for the defendants as to the value of alleged bona fide improvements made on the land in question, it was error to direct a verdict for the plaintiff without submitting to the jury the question of recovery by the defendant purchaser for such improvements, under the rules of the Code, § 33-107 et seq.

The evidence as to whether the sheriff’s deed was void on the ground of attack made in the petition for cancellation, that the levy was…