Rout v. King

Mitchell, C. J.—

It appears from the record in this case that certain real estate in Adams, county had been sold by a commissioner appointed by the court for that purpose, in a partition proceeding.

John W. Rout, the appellant, bid the land off at forty-five hundred dollars. Three thousand dollars of the purchase-price was paid in cash, and for the residue the purchaser gave *556his note, payable to the commissioner, with one King as surety. A certificate of purchase was thereupon issued to Rout, reciting that upon confirmation of the sale, and full payment of the purchase-price, he would be…