Gilbert v. Carter

This was a suit in chancery, under the old system of procedure. The facts stated in the bill, answer and depositions, so far as they relate to the material questions in the case, are as follows:

At the September term, 1840, E. and P. Frost recovered a judgment in the Delaware Circuit Court, against Gilbert, for 129 dollars. An execution was issued on this judgment, and by virtue of it, a lot of ground in Muncie, on which was a tavern stand, was advertised to be sold on the 21st of December, 1840, by the sheriff, as the property of Gilbert. On the day of sale, Carter, who was Gilbert’s…