Day v. Vallette

Where upon the sale of lands upon execution the purchaser fails to pay the amount of his bid, and the execution plaintiff obtains judgment against such purchaser for the amount of his bid, and ten per cent, damages, there *43is no equitable lien upon tbe land in favor of tbe execution plaintiff’ for the purchase money, as in ease of vendors. The execution plaintiff’ is not a vendor, nor a privy in estate or in law, and it is only in favor of such that the hen exists. McKillip, Adm’r., v. McKillip, 8 Barb. Sup. Ct. Rep. 552.

The third paragraph of the ^complaint as amended in this case shows no…