Maile v. Pratt

OPINION OF THE COURT BY

HARTWELL, J.

Tlie plaintiff appeals from a decree dismissing Ms bill to-set aside an execution sale of three parcels of his land valued at about $11,760 which were sold by the high sheriff July 5, 1904, to the defendant Van Gieson for sums aggregating $535. The facts material to the case which are averred in the bill and either admitted in the answer or which we find from the evidence are as follows:

The defendant Pratt, when assessor and collector of taxes, brought an action “in his official capacity” December 7, 1903, against the plaintiff in the district court of…