Griggs v. Miller

Facts

The Plaintiff, Griggs (Plaintiff), purchased a 322 acre farm for $20,600 at a public sale under a general execution against the Defendant. The Plaintiff sued the Defendant in ejectment for withholding possession of the farm and for damages. The Defendant’s answer was a general denial and he counterclaimed to set aside the sheriff’s execution sale and deed. The court found for the Plaintiff and assessed $2,483.24 in damages for the Defendant’s withholding of the farm. The decree also stated that the Plaintiff would recover $250 a month from the date of the judgment for so long as the Defendant withheld the farm from the Plaintiff. Miller replaced Brookshire as party-litigant Defendant after Brookshire was incarcerated. Ray Crouch recovered a $1,966.69 judgment from the Defendant Brookshire. A general execution was issued on the date of that judgment to the Sheriff. The Sheriff levied the 322 acre farm and filed notice of the levy on December 14, 1960. On January 11, 1961, the Defendant wrote to the Sheriff limiting the property to be sold. The Sheriff advertised and sold all the real estate at the public sale on January 16, 1961. Dorothy Constable recovered a $17,000 judgment against the Defendant Brookshire on July 29, 1960. A general execution was issued to the Sheriff on January 10, 1961 and he levied upon the Defendant’s 322 acres on January 11, 1961. The Defendant asserted that the selling of his farm was in error.