Smith v. Cockrill

Citations

• 73 U.S. 756
• 18 L. Ed. 973
• 6 Wall. 756
• 1867 U.S. LEXIS 1024

Syllabus

<p>1. Congress having enacted in 1828, “ that the forms of mesne process, and the forms and modes of proceeding in suits in the courts of the United States, held in those States admitted into the Union since the 29th of September, 1789, in those of common law, shall be the same in each of the said States, respectively, as are now used in the highest court of original and general jurisdiction of the same; in proceedings in equity, according to the principles, rules, and usages, which belong to courts in equity the effect of an act of 18B1, admitting Kansas into the Union, and providing that “ail the laws of the United States, which are not locally inapplicable, shall have the same force and effect within that State as in other States of the Union ;” and constituting the State “a judicial district,” was to re-enact, as respected Kansas, the provision of the abt of 1828.</p> <p>2. Accordingly, the Federal courts of Kansas have a right to issue execution, and the marshal of the United States there, a right to execute it.</p> <p>8. But a sale by the marshal, not conforming the mode of proceeding in levying the execution and making the sale, to the State practice, is irregular and void, and a deed by him on such sale conveys no title.</p>