Payne v. Daniel

Jenkins, Justice.

1. In the trial of this suit by a landowner, defendant in a fi. fa., for $105.38 principal, interest, and costs, against the plaintiff in fi. fa. as purchaser at a sheriff’s sale under the execution, and against the sheriff, to cancel the recorded sheriff’s deed as based on an excessive levy, there was testimony supporting the averments of the petition that the ninety-six acres with improvements, levied upon, were readily divisible into tracts, any one of which would have been sufficient to satisfy the execution; and that the value of the half interest of the defendant in fi.…