BROBST v. BROCK


77 U.S. 519 (1870)

10 Wall. 519

BROBST v. BROCK.

Supreme Court of United States.


Attorney(s) appearing for the Case

Messrs. G.W. Woodward, Brent, and Crittenden, for the plaintiff, contending that the partition of 1834, the sale under the judgment of Kutz and Levan and the purchase at the tax sale were severally void; Messrs. George W. Biddle and J.P. Brock, on the other side.


Mr. Justice STRONG delivered the opinion of the court.

Much of the very elaborate argument addressed to us on behalf of the plaintiff in error was directed to the consideration of questions not necessary to the decision of this case. Whether the judgment in the scire facias upon the mortgage was absolutely void, or only irregular, we are not called upon now to determine, for on the trial of the case in the court below no effect...

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