York v. Byars

This was an ejectment hill filed to recover what is alleged to he 110 acres of land. The complainants’ claim of title is based on two judgments against D. W. Byars, an ancestor of the defendants, executions issued thereon, condemnation proceedings in the circuit court *40of Warren connty, orders of sale issued thereunder, returns of the sheriff showing sale, and a sheriff’s deed.

Three defenses were interposed by answer and by cross-bill, and it was sought by the cross-bill to set aside the sale because of matters based on the first defense, which we shall now state.

1. It is insisted that the…