Upham v. Hamill

The plaintiff, who is a deputy sheriff, sues the defendant for refusing to complete his purchase of certain property which was struck off to him at an execution sale. The property was all the right, title, and interest which one Charles Stafford had in certain real estate on the 23d September, 1875, and the 7th October, 1875, being the days when the property was attached on original writ, in the actions in which the executions issued, under which the sale was made.

At the time of the attachments the estate was mortgaged for one thousand dollars, and continued under mortgage until after the…