Halley v. Oldham

Judge Marshall

delivered the opinion of the Court. — Judge Breck did not sit.

This case presents, for the first time in this Court, the direct question whether a purchaser of land under an execution sale, whoshas purchased when neither he nor the creditor had notice of a prior executory contract between the debtor and another, for the sale of the same land, is *234to lose his purchase by having notice before he has received a deed from the Sheriff, but after he has either paid the money or executed such bond for it, as having by law the force of a judgment, extinguishes the original debt and gives…