Berry v. Reed

— Action to enjoin the sale of certain real estate. The appellant, who was the plaintiff, claimed title in fee by a general warranty deed, of September 2d, 1872. It is further averred in the complaint that the defendant Sylvester Miller, on the 18th day of October, 1877, caused an •execution to issue out of the clerk’s office of the Randolph Common Pleas Court, on a pretended judgment of said court, against John Garland and William, Garland, in favor ■of said Miller, for $640.42, with interest and costs, directed to' the sheriff of Jay county, wherein said land is situate, which execution was…