Caple v. Warburton

The opinion of the court was delivered by

Hutchison, J.:

The appellant in this action alleges error in sustaining a motion of the judgment creditors to confirm a sheriff’s sale of his interest in real estate devised to him by his father, and in overruling his motion to set aside the sheriff’s sale, for the reason that the sale was invalid because his interest was a contingent and not a vested remainder, and also because the land was occupied as a homestead by him and his family at the time of the sale. The case was tried upon an agreed statement of facts, and these two law points are the only…