Outton v. Mitchell

OPINION of the Court, by

Judge Owsiet.

This was a suit in chancery, brought by Mitchell in the court below for the purpose of subjecting a tract of land previously sold and conveyed by him to Outton, to the payment of the purchase money.

lt appears from the exhibits in the cause that previous to the commencement of the suit in the court below, Mitchell had obtained a judgment at law against Thomas Outton, one of the defendants in that court, for part of the purchase money ; and that Levi Outton, another defendant, purchased at a sheriff’s sale, made in virtue of an execution on that judgment,…