Kane v. Preston

Court of Appeals of Mississippi

Kane v. Preston

24 Miss. 133

CourtCourt of Appeals of Mississippi

DecidedApril 15, 1852

StatusPublished

Cited by1 cases

This text of 24 Miss. 133 (Kane v. Preston) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kane v. Preston, 24 Miss. 133 (Mich. Ct. App. 1852).

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Opinion

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 [134]*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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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 [134]*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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24 Miss. 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kane-v-preston-missctapp-1852.

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