Peoples Liberty Bank & Trust Co. v. Cornett

At a judicial sale on execution, the undivided one-half interest of the defendant in certain real estate was sold at public auction to one Jack Speckter. Such sale was, on motion, regularly confirmed. Prom the short narrative bill of exceptions it appears the purchaser “admitted that the sheriff in crying the sale stated that only a half-interest was to be sold and at the time he made a bid on the property, he knew that a half-interest was being sold.”

The purchaser refused to complete payment on the ground that in the legal advertisement the whole interest was described instead of the…