Nall v. Granger
Michigan Supreme Court
Error to Eaton Circuit. Nall & Duncklee sued Granger, in replevin, tor certain oxen and a horse, which they claimed under a chattel mortgage given by M. H. Crafts, September 1st, 1857. Defendant claimed the property as purchaser at a sale of the same, made November 23d, 1857, by the sheriff of Eaton county, by virtue of an execution against Crafts.
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Error to Eaton Circuit. Nall & Duncklee sued Granger, in replevin, tor certain oxen and a horse, which they claimed under a chattel mortgage given by M. H. Crafts, September 1st, 1857. Defendant claimed the property as purchaser at a sale of the same, made November 23d, 1857, by the sheriff of Eaton county, by virtue of an execution against Crafts. On the trial, after plaintiffs had proved their mortgage, defendant called George N. Potter, who testified that he was sheriff of Eaton county from January 1st to and including November 23d, 1857. He then produced the execution by virtue of which…
1Opinion of the Court
Christiancy J.:
Whether, as a general rule, the return of a sheriff upon an execution is conclusive upon the defendant in the execution, and those claiming by privity from him, ox-only prima facie evidence, and liable to be impeached for fraud of the sheriff, is a question not necessary to the decision of this case, and upoix which, therefore, we express no opinion.
To place the plaintiffs iix this case in privity with the execution debtor-, within the meaning and spirit of the rule which would bind them to the same extent as he would be bound, they must have acquired their right to the…
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