Sherry v. Doe e. d. Lockwood
Indiana Supreme Court
ERROR to the Carroll Circuit Court. Ejectment for 1280 acres of land in Tippecanoe county, by Doe, on the demise of Lockwood. Verdict and judgment for the plaintiff. The lands in controversy were sold by the sheriff of Tippecanoe county, by virtue of an execution, to Lockwood. The execution was issued at tbe instance of Lockwood, and the entire tract of land, consisting of two sections, and containing 1280 acres was offered, and sold to Mm for 75 dollars.
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ERROR to the Carroll Circuit Court. Ejectment for 1280 acres of land in Tippecanoe county, by Doe, on the demise of Lockwood. Verdict and judgment for the plaintiff. The lands in controversy were sold by the sheriff of Tippecanoe county, by virtue of an execution, to Lockwood. The execution was issued at tbe instance of Lockwood, and the entire tract of land, consisting of two sections, and containing 1280 acres was offered, and sold to Mm for 75 dollars. The tract was worth about 20,000 dollars. There were four persons present at the sale, and the deputy sheriff who made it, asked Lockwood,…
1Per curiam
— “The principal question in the case relates to the sheriff’s sale, and we think it cannot be sustained. The sheriff should have offered the land in separate parcels. R. S. p. 749, § 413. Heed v. Carter, 3 Blackf. 376. He was not bound to sell on the day and under the circumstances he did sell, but might have adjourned the sale, or returned no sale for want of bidders as the case required. It was his duty to exercise a sound discretion, and he should not have struck off so much valuable property upon the bid of a merely nominal sum. 1 Arch. Pr. 289; Gwynn on Sheriffs, 302; Tinkorn v. Purdy,…
2Cases cited4 opinions
- M'Donald v. NeilsonCourt for the Trial of Impeachments and Correction of Errors · 1823
- Reed v. CarterIndiana Supreme Court · 1834
- Doe, on the Demise of Maguire v. SmithIndiana Supreme Court · 1837
- Tinkom v. PurdyNew York Supreme Court · 1810
3Cited by1 opinion
- Ferrell v. Department of TransportationSupreme Court of North Carolina · 1993