Reid v. Heasley

Judge Ewing

delivered the Opinion of the Court.

Heasley being in possession of ninety five acres of land, lying in Jessamine county, verbally gave up the same to be levied on, under two- executions which issued against him; which was levied on, and a part thereof sold by the sheriff, in satisfaction of the executions, to Reid, as the highest bidder, and a deed made to him for fifty two acres.

Reid brought an ejectment against Heasley, and, on the trial, the Court instructed the jury, upon the evidence of the plaintiff, to find for the defendant, as in case of a non-suit. The jury having so…