Linton v. Wikoff

Merrick, O. J.

The defendant having- advanced certain sums of money to pay some debts for which he had become security for the plaintiff, in order to secure himself, bought in at Sheriff sale (as plaintiff alleges, below its value,) *879the plantation and certain negroes of the plaintiff. The plaintiff was suffered to remain upon the property sold for some time, but finally the defendant assumed possession of the property so purchased. Plaintiff alleges that in the month of December, 1840, he “delivered the same up with the express stipulation that he, defendant, was to take it at a fair valuation…