Forelander v. Hicks

This is a petition, seemingly in the nature of a proceeding in chancery, to set aside a sheriff’s sale. Decree according to the prayer of the petition.

The proceeding was had in 1852, while the old practice was still in force. What would have been its fate on demurrer, or on motion in arrest of judgment, is not now a question. These tests of its sufficiency were not applied. Though the language of the petition, “ your orator,” &c., indicates in the mind of the pleader a bill in chancery, it may perhaps be better designated as a proceeding by notice and motion. ,

It appears that Forelander…