Smelser v. Drane

PARSONS, J. Drane, who was plaintiff below, claimed the land for which he brought this suit, as purchaser at a sale under execution. The Circuit Court allowed the execution to be proved by one of the witnesses of the plaintiffs below, although its loss or destruction was not proved, nor its absence accounted for, nor was any transcript of the record embracing the execution offered. This, we think, ivas erroneous. Let the judgment be reversed, and the cause remanded.