Dixey v. Irwin

This case is similar in many respects to that of same plaintiff against Mandell, lately decided in favor of defendants therein.

Tlie polition is framed apparently so as to include a suit for nullity of a judicial sale and a petitory action; but the plaintiff, in his brief, declares it is not a suit of nullity for reasons which he states, but is a petitory action asserting a superior title to tlie property in dispute to that of defendant. The plaintiff claims tlie property on the ground that the executory proceedings under which the Citizens’ Bank undertook to enforce its mortgage debt against…