Horn v. Hurwitz

Plaintiff brought this suit in ejectment against Joseph M. Hurwitz and E. M. Hurwitz, his wife, to recover possession of certain real estate. Trial to the court without a jury, and at the conclusion of plaintiff’s evidence the court sustained defendants’ motion for nonsuit and' dismissed the action. Pláintiff brings error.

Plaintiff claims under a sheriff’s deed, based upon an execution issued on a judgment against the defendant, Joseph Hurwitz in favor of one Howe, and levied upon the property in question. Plaintiff was the purchaser at the sale under the execution. After plaintiff obtained…