Siler v. Siler

The question for decision is this; Is a sheriff’s deed void, or merely voidable, when it is offered, as in an ejectment suit, as a muniment of title, when said deed contains no recital that twenty days’ notice had been given to the party in actual possession of the land when levied upon and sold, and where the record of the proceedings under which the land was thus levied upon and sold is silent on the question of notice, and where there is no proof that such notice was actually given; it being conceded that the land was being occupied by the owner when levied upon?

This is an ejectment suit.…