Abney v. Levy

Plaintiff- sets forth in his petition that, on July 2, 1925, he bought certain property from defendant; that defendant did not own the property at the time of the sale; that defendant has not acquired any title thereto since, and that, therefore, the sale, from defendant to him is null and void. He prays that the nullity of the sale be de-' Glared, for the return of the purchase price, .and for damages.

The Court of Appeal, in cértifying the case to this court, says that the record discloses that plaintiff -paid' the purchase price and has been in the actual and undisturbed possession of the…