Settlemire v. Newsome

By the Court,

Waldo, J.:

The question in this case is, whether lands sold on execution for an amount less than the judgment debt, and redeemed by the grantee of the judgment debtor, may be a second time sold for the balance due on the judgment. The statute gives the grantee of the judgment debtor the right to redeem, but is silent as to the effect of the redemption.

The lien is a quality in the judgment, inseparably connected with it, which determines the extent of the right to take the land in execution under the judgment as against adverse claims. The lien binds the title of the judgment…