Brandon v. Brown

Sale of certain real estate was attempted to be made by an executor for the purpose of paying debts of the testator, pursuant to a decree of a county court. The executor made a deed to the party purchasing, and therein covenanted as to the regularity, etc., of his own acts. The purchase money was all paid to the executor, and for several terms, in his report to the county court, he charged himself with the amount. Subsequently, and before he had paid the money to the devisees,—it not having been used for the payment of debts,—the legatees brought ejectment for the real estate so sold, and…