Johnson v. Roper, Harris & Dunn Co.

(after stating the facts as above).

The referee in bankruptcy having ordered the property in controversy to be sold “free of all liens,” the trustee having made the sale accordingly, and the sale having been duly confirmed, appellant insists that as the purchaser at the sale he became the owner of the property free of the lien of appellee’s mortgage. Appellee concedes that as such purchaser appellant became the owner of the property, but insists his ownership thereof was subject to its mortgage lien; the insistence being on the theory that the sale by the trustee, so far as it was free of…