Gray v. Stewart

The opinion of the court was delivered by

Cunningham, J. :

The assignment of error in this case is the granting of the motion of defendants below for judgment upon the pleadings, and rendering *430such judgment for defendants. The petition was one-in statutory form in ejectment, with a second cause-, of action for rents and profits. The answer pleaded, as justification for the defendants’ possession, a. sheriff’s deed, “which deed was duly executed and delivered” to defendants’ grantors, and was based, upon a foreclosure of two mortgages, the steps in which foreclosure action were set out in…