Crane v. Hardy
Michigan Supreme Court
Case reserved from Livingston Circuit Court. Ejectment for land purchased by plaintiff on the 13th July, 1841, at sheriff’s sale, upon an order granted hy the circuit court of that county, in a suit in attachment, in which Oliver P. Thayer was plaintiff and Hardy was, defendant.
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Case reserved from Livingston Circuit Court. Ejectment for land purchased by plaintiff on the 13th July, 1841, at sheriff’s sale, upon an order granted hy the circuit court of that county, in a suit in attachment, in which Oliver P. Thayer was plaintiff and Hardy was, defendant. On the trial,-plaintiff did not produce any formal record of the judgment in the attachment suit, hut to prove the, judgment, , offered the journal record of the .court, in which its prqceédii)gs,.are entered from day to day in evidence, which was objected to ]oy defendant. To show defendant appeared in and defended…
1Opinion of the Court
By tlie court,
Wing, J!
R is áifficult to determine whether it was incumbent upon the plaintiff in this suit to show, in addition to tho order of sale and his deed, that there was a judgment upon which the order was founded. It is true, as a general proposition, that in cases where the proceedings are not according to the bourse of the common law, the party seeking any benefit from them is bound to show their 'conformity to the statute under which they are had.
Assuming, foi- the present, that the proceedings in the case of Thayer %. Hardy were, so far as tlie rights of the defendant in this…
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