Martha M. Russell, Independent of the Estate of Frank Russell, Deceased v. S. J. Sarkeys

JOHN R. BROWN, Circuit Judge.

The District Court allowed a purchaser at a judgment execution sale to recover from the judgment debtor the amount of the bid price which the purchaser lost by reason of an authoritative legal determination that the property belonged to a third party, not the judgment debtor. This appeal by the judgment debtor Frank Russell 1 attacks the judgment on three grounds. But in doing so, it is on the basis of law since he acknowledges several times in the briefs that there are no questions of fact. The grounds asserted are these. First, as the doctrine of caveat emptor…