Small v. Hodgen

*16Opinion of the Court.

THE lands of the appellee were sold on a credit of twelve months, and purchased by the appellant, Carr; who gave his bond for the purchase money, with security. A notice was given to Carr and the plaintiff in the execution, of his motion to quash the sale and bond, stating various errors of law and fact, which need not be recited, as on the trial the appellee relied on the following grounds alone:

First—The land was bid off by Bolin, the security in the bond, and before the bond was given, Bolin gave up the benefit of the sale to the appellant, Carr, and directed the sale…