Kane v. Preston

24 Miss. 133

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 held, that a sale of real estate under an execution after its return day, is void.

Let the judgment be affirmed.