The American Decisions: Cases of General Value And Authority ..., volume 24

Cover The American Decisions: Cases of General Value And Authority ..., volume 24
The American Decisions: Cases of General Value And Authority ..., volume 24
John Proffatt, Abraham Clark Freeman, Lawyers Co-Operative Publishing Company
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Armstrong, decided other- wise by a majority of the supreme court.
Overton will refund to complainants two hundred and forty dollars, with interest thereon from the sixth day of November, 1819. It is said defendant did not receive from the sheriff the whole amount. It is his misfortune; had he let his void judg- meat rest, it would not have happened. The whole proceed* ing on the execution being void, the sheriff will be authorized to pay the overplus to the defendant; and the decree will order
... that he may apply and receive it.
The decree below is entirely reversed; therefore, the com- plainants will pay the costs of the cause in this court, and the defendant of the court below.
The bill, so far as it enjoins the action of ejectment^ will be dismissed.
Decree accordingly.
l.lTerg.8S. a.lTflVg.40. t. Xtfl. ft T«g. tSS. ' Am. Dbo. Vol. XXIV-aa Digitized by Google 498 Ebtill v. Tatjl. [Tenn.
Cavkat Emptor is the nndoabted rale in relation to titles in execution sales: Bumpan v. Gregory, 8 Yerg.


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