Brown v. McCormick
Brown v. McCormick
Opinion of the Court
We are not convinced that there was any error in refusing to take off the judgment of nonsuit in this case. The plaintiff claimed under Susan McCormick, as whose property the lot in controversy was sold by the sheriff, and conveyed to the plaintiff, in September, 1885. For the purpose of showing title in Mrs. McCormick prior to and at the time of the sheriff’s sale, plaintiff gave in evidence the deed of Ellis Baily and wife to her, dated January 14, 1880; but she also gave in evidence the deed of Susan McCormick to her daughter Harriet L. Rush for same premises, dated May 16, 1882. These deeds, acknowledged respectively on the day they purport to have been executed, were both duly recorded. It will be observed that the conveyance by Mrs. McCormick to her daughter, in May, 1882, was more than two years and a half before the entry of the judgment against Mrs. McCormick on which the lot was sold. Having thus shown, according to the tenor of the deed, that the title had passed from Mrs. McCormick to her daughter long
Judgment affirmed.
Reference
- Full Case Name
- M. J. BROWN v. S. McCORMICK
- Status
- Published
- Syllabus
- In an action of ejectment by the sheriff’s vendee of land, sold as the pro- - perty of the ejectment defendant, where the plaintiff’s evidence showed that the defendant in the judgment and in the ejectment had bought the land for her daughter and had conveyed it to the latter more than two years before the entry of the judgment upon which it was sold, but did not show that the conveyance was made to hinder, delay or defraud the judgment plaintiff or any other creditor, it was not error to enter a ■ judgment of nonsuit.