Schmidt v. Braunn

Büoiianan, J.*

On the 9th of February, 1850, plaintiff sold at public auction a lot of ground, which was adjudicated to defendant for twelve hundred dollars, payable one-fourth cash and the remainder at six, twelve and eighteen months credit. The defendant deposited the cash with a notary, who absconded with it. Afterward, defendant sued plaintiff for a conveyance of the property ; but it was decided in the last resort, that he was not entitled to have the land, the money taken by the notary being at his risk, and not at that of the vendor, from the time of its deposit. See the case of Brown…