Court of Appeals of Mississippi, 1852

Kane v. Preston

Kane v. Preston
Court of Appeals of Mississippi · Decided April 15, 1852 · Yerger
24 Miss. 133

Kane v. Preston

Opinion of the Court

Mr. Justice Yerger

delivered the opinion of the court.

In this case, the lessor of the plaintiff, to show title in himself, offered as evidence a sheriff’s deed and a venditioni exponas, by virtue of which the property was sold; from which it appeared that the sale was made after the return day of the writ. On motion, the court rejected them. In this, there was no error.- In the case of Lehr v. Rogers, 3 S. & M. 468, it was *134held, that a sale of real estate under an execution after its return day, is void.

Let the judgment be affirmed.

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