Smith v. Willing

Smith brought his action of ejectment against Willing in the Callaway Circuit Court, to recover a tract of land lying in said county. On the trial, he offered in evidence a deed, (having first proven a judgment and execution obtained in said Court, by James H.'Smith against Willing, &c.,) from the sheriff of Callaway county, to him for the land in controversy, the same having been sold under the execution aforesaid, and pur*395chased by him. To the reading of the deed in evidence, the defendant objected, and the Court sustained the objection; whereupon the plaintiff took a non-suit, with leave to…