10 Ind. 172 | Ind. | 1858
The appellant was the plaintiff, and the appellee the defendant. The complaint charges that one Aaron Talbee recovered a judgment in the Putnam Circuit Court against Andrew Clifton, the defendant, for 532 dollars ; that the sheriff, by virtue of an execution issued on said judgment, levied upon and exposed to sale a certain tract of land, supposed to be the property of Clifton, and that Pennington, the plaintiff, believing the land to be Clifton’s purchased it at the sheriff’s sale for 667 dollars, paid the purchase-money, and received a deed pursuant to the sale; that at the time of the judgment, levy and sale, one John Clifton, and not the defendant, was, and still is, the owner of said land in fee simple, and that such ownership
Demurrer to the complaint sustained; and final judgment for the defendant.
Muir v. Craig, 3 Blackf. 293, decides that the purchaser at sheriff’s sale, of land to which the execution-debtor had no title, could recover from the debtor in equity, the amount of the purchase-money paid to the sheriff, though no fraud in relation to the sale be imputed to the debtor. This decision obviously applies to the facts stated in the record and seems to be decisive of the case at bar
Per Curiam. — The judgment is reversed with costs. Cause remanded, &c.
See Preston v. Harrison, 9 Ind. R. 1.