Muhlhauser v. Koch's Adm'x

Opinion by

Judge Coeer :

A sale of property subject to an uncertain and unliquidated incumbrance tends to the sacrifice of the property and to the injury of those having rights and interests therein. In such a case a commissioner does not know what he is selling, and bidders cannot be assured of the value of the interest offered for sale. Mills v. Brown, 2 Met. 404. As a general rule such sales ought, when practicable, to be made so as to pass to the purchaser a complete and unincumbered title. Emison v. Risque, 9 Bush 24.

Tested by these principles the court erred in ordering the property…