Hyland v. Milner

Elliott, J. —

This case is here for the second time. The pleadings and the rulings made in the formation of the issues are fully reported in Milner v. Hyland, 77 Ind. 458. The principle declared in that case is, that a purchaser at a sheriff’s sale, although the sale is made on his own judgment, will hold the land as against the claim of a wife who had furnished the money with which to buy the land, but had permitted the husband to take and hold the title in his own name. It is, however, necessarily implied that the purchase must be made without knowledge of the equities of the wife who…