¶1 In this case his Honor was mistaken in holding that it was necessary for the plaintiff to produce the judgment and execution of the Justice of the Peace.
¶2 Under the act of 1794, chap. 414, sec. 19, and until the act of 1822, Revised Cade, chap. 45, secs. 12 and 13, it was neces *390 sary for the plaintiff, who claimed land nnder.a sale made by a sheriff in a case of a judgment of a Justice of the Peace, and an execution issuing thereon and levied upon land and returned to the County Court, not only to produce on the trial the order of sale of the County Court but likewise to produce and prove the judgment of the Justice and the execution issuing thereon, and also to show a proper levy made on the land sought to he recovered. And even after the act, unless the judgment of the Justice upon its return to the County Court was confirmed and made a judgment of that Court, the plaintiff after the act of 1822 was still bound, in a suit for the recovery of the land, to make the same proof that was required before the passage of that act. But when the plaintiff in the suit before the Justice, upon the return of the papers to the County Court, had his judgment confirmed and made a judgment of that Court, it was no longer necessary to produce the judgment and execution of the Justice of the Peace, but only to show the judgment of the County Court and the execution issuing thereon, the sale by the sheriff and his deed to the purchaser. This disposes of the case in this Court, and makes it unnecessary to notice the questions made as to the mortgage deed.
¶3 Error. This will be certified.
¶4 Per Curiam Venire de novo.-