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: D. had judgment against B. in 1858, took out execution under
-: A creditor had judgment in 1859, took out execution, but at
what time did not appear ; took out an alias in 1862, held, that his
See REDEMPTION 4.
Foreclosure of Mortgage.
of this territory providing a remedy by sale of the mortgaged pre-
REDEMPTION 2, 3. SHERIFF'S SALE 1.
payable to a third party as his assignee, and the transaction is con-
2. IN MORTGAGE AND IN FORECLOSURE THEREOF. A mortgage to secure
a sum certain, and future advances duly recorded, and by regular pro
Strong positive proof of fraud is required to avoid the recitals
4. IN SALE. It is fraud in a vendor of a horse not to acquaint a vendee,
when negotiating for the purchase, of facts affecting the value of the
lien of a judgment does not attach to lands, acquired after its rendi-
-: As against equities. Equity will control judgments, so as to protect equities of third parties existing at its recovery..
- : As against vendee. A judgment against a vendor of lands, recov-
-: Constructive notice. The entry of the judgment will not of itself compel the vendee in possession, under contract, to make subsequent payments to the creditor .....
5 : Actual notice, of the mere fact of the entry of the judgment, will
not compel him to do 80.-CROUNSE, J......
6. SEVERAL JUDGMENTS AGAINST WRONG-DOERS. Several actions may be
brought, and several judgments recovered against several wrong-doers, although but one satisfaction can be had. McReady v. Rogers ...... 124
See EXECUTION TITLE 2, 8. PARTIES 11. SURETY 1.
Judicial Sale. 1. CONFIRMATION. The return of the sheriff or master of a judicial sale
must show that the appraisers were residents of the county in which the premises are situated. Laughlin v. Schuyler
-: In parcels. Each lot or parcel of ground must be appraised and
sold separately, or the sale will be set aside...
—: Not defeasible. A party who has recovered a judgment or decree, under which his adversary's property has been sold to him, holds an estate which is not merely defeasible upon a reversal of the judgment or decree by an appellate court. McAusland v. Pundt .
: Why restored on reversal. The principle upon which the property so sold, remaining in the hands of such party at the time of reversal, is returned to the former owner, is that of convenience in doing justice between the parties.....
5. -: Not restored when held by grantee. If a party who has recovered
a judgment or decree becomes the purchaser of property thereunder, and conveys the same to a third party, and afterwards, the judgment and decree not having been superseded by bond, is reversed in the appellate court, such grantee will retain the property notwithstanding the reversal
-: When party thereto retains property. And so will the party if he retain the property at the time of the reversal Per CROUNSE, J....
See Sheriff's SALE 1, 2, 3, 4, 5. [S. C. N.]
ton. It is coram judice, whenever a case is presented which brings
: OVER CONSTITUTIONAL QUESTIONS. The courts have no jurisdic-
Nor may they declare an act unconstitutional, because the
-: Municipal corporations. The legislature may increase or restrict
6. —: Municipal taxes. The courts have jurisdiction to inquire and
determine whether lands brought by the legislature within the limits
See PRACTICE 3, 6, 6.
PRACTICE IN CRIMINAL CASES 3.
Landlord and Tenant.
the expiration of his term, cannot disclaim his relation, nor question
i Assailing his landlord's title. Before he can be permitted to
-: Eviction or its equivalent necessary. Wherever there is a para-
mount title in a third person, who has a right thereby to the
-: Notice to his landlord. In all cases, he should notify his land-
lord of his action
6. -: Pierce v. Brown, 24 Vt., 165, examined and overruled.....
-: Buying in outstanding title. A tenant buying in an outstanding
title for the purpose of protecting his possession, shall have what he
State, is not larceny. The People v. Loughridge
Lex Loci Contractus.
money advanced there : a note dated in Nebraska, payable in New
for which the applicant's title to an office, in virtue whereof he claims
not follow the directions of the mechanics' lien law, has no lien on
same person holding in the same right. Miller y. Finn ...... 255
2. Nor where intervening rights or estates interfere, nor where the inte-
rests of the party in whom the estates meet so require.....
8. Nor where the intention to keep the estates distinct may be inferred
or has been expressed......
FORECLOSURE 1. FRAUD 2.
Niel Tiel Corporation. 1. The maker of a note which is in terms payable to a bank, cannot, in an
action brought by it thereon, raise the question of its incorporation.
Officer 1. NEGLECT. The law will protect an individual who, in the prosecution
of a right, has done all that the law requires him to do, but fails to attain his right, by reason of the neglect or misconduct of a public officer. Smiley v. Sampson..
2. LIABILITY. A Probate Judge issuing an attachment and a sheriff exe
cut it, are not liable for the taking and conversion of property thereon if they have acted in good faith. Morgan v. Larsh. ........ 861
See ATTACHMENT 2. BONDS 1, 2. MANDAMUS 1.
Parties. 1. To suits BROUGHT ON CHOSES IN ACTION. The assignee of a chose in
action is the proper and the only party who can maintain a suit thereon. Mills v. Murry.
-: Bringing them in by notice. An affidavit for publication of notice of pendency of suit alleged that the action was brought for the foreclosure of a mortgage, and that the defendants were non-residents of the State, without alleging that they could not be served with process in the State ; the notice was published four weeks next after June 16, 1860, and required the answer on the 30th July, 1860; held, the notice was sufficient, and a decree rendered thereon concluded the defendant. Miller v. Finn.....
-: Appearance. A party whose agent, not an attorney of the court, has entered his appearance, and who has answered a cross-bill filed in the cause against him and the plaintiff in the original bill, affirms the appearance and becomes a party in the principal suit.
: Partners. The omission of one partner as a co-defendant in an action in respect of partnership property, can, at the common law, only be taken advantage of by plea in abatement duly verified.....
: Impleading parties in a bill as “Pomeroy & Benton," and publishing notice of pendency of the suit addressed in that form, is sufficient to bring before the court the members of a firm doing dusiness under the style of Pomeroy, Benton & Co., composed of Pomeroy, Benton & Chase. ....
: Incumbrancers not made parties to foreclosure bill are not affected by decree .....