Leathers v. Garrett

This was a suit by the defendant in a tax fi. fa., to recover land, and for other relief, including cancellation of a deed to such land purporting to have been made by a sheriff under the fi. fa., and a deed by the purchaser to another. A general demurrer filed by the defendants was overruled, and this judgment was not excepted to. The trial resulted in a verdict in favor of the defendants. The plaintiff’s motion for a new trial was overruled, and he excepted.

In our view of the case, only one question requires consideration, and that relates to the entry of levy. The entry was in this…