Legal Opinion

Kane v. Preston

Court of Appeals of Mississippi

Decided April 15, 1852PublishedCited by 1 opinion

In error from the circuit court of Adams county; Hon. Stan-hope Posey, judge. The facts are Contained in the opinion.

1Opinion of the CourtJustice Yerger

In this case, the lessor of the plaintiff, to show title in himself, offered as evidence a sheriff’s deed and a venditioni exponas, by virtue of which the property was sold; from which it appeared that the sale was made after the return day of the writ. On motion, the court rejected them. In this, there was no error.- In the case of Lehr v. Rogers, 3 S. & M. 468, it was *134held, that a sale of real estate under an execution after its return day, is void.

Let the judgment be affirmed.

2Cited by1 opinion

  1. Faull v. CookeOregon Supreme Court · 1890