Isaacs v. Gearheart

Judoe Marshall

delivered the opinion of the Court. The sheriff having sold more land than the execution against Isaacs authorized, his sale and deed though verbally authorized and directed by Isaacs, were ineffectual to pass the legal title to Gearhart, the purchaser. This was decided upon the same deed, in the case of Gearhart vs Tharp, (9 B. Mon. 35,) and seems to be a necessary consequence of the principles laid down in Pepper vs Commonwealth, for Thornton, (6 B. Mon. 27,) and Addison vs Crow and Jarvis, (5 Dana, 271,) and *232other cases. The excess here is palpable, being to-the amount of…