Austin v. Ballard

*620The opinion of the court was delivered by

Benson, J.:

This is an action of ejectment. The plaintiff, Edward Austin, relied upon a title derived through a sheriff’s deed issued to Heber & Emerson upon a sale made in an action to foreclose a mortgage. Defendant Louise Ballard pleaded a former adjudication and title under a tax deed. The plaintiff recovered, and the defendants appeal. The only controversy is between the plaintiff and defendant Louise Ballard..

In a former action between the same parties the plaintiff introduced in evidence a sheriff’s deed to himself reciting a sale made in the…